Alistair P Sloan

Dear Sirs

FREEDOM OF INFORMATION ACT 2000
REQUEST FOR INFORMATION

Pursuant to the general right of access to information contained within the Freedom of Information Act 2000 I request from the ICO the following information:

(a) the full content of any Memoranda of Understanding between (i) the ICO and the Police Service of Scotland and (ii) the ICO and the Crown office and Procurator Fiscal Service

(b) the full content of any polices and/or procedures relating to the investigation of offences under the Data Protection Act 1998 within Scotland.

I look forward to receiving your response.

Yours faithfully,

Alistair P Sloan

AccessICOinformation, Information Commissioner’s Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]http://ico.org.uk/about_us/how_we_comply

 

If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.

 

If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.

 

If you have requested advice - we aim to respond within 14 days.

 

If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.

 

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For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.

 

If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.

 

Yours sincerely

 

The Information Commissioner’s Office

 

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. http://ico.org.uk/about_us/how_we_comply
2. http://www.ico.org.uk/tools_and_resource...
3. http://www.twitter.com/ICOnews

Information Commissioner’s Office

12 June 2015

 

Case Reference Number IRQ0583085

 

Dear Mr Sloan,

I write in response to your request for information received by the
Information Commissioners Office (ICO) on 21 May 2015. Your request has
been dealt with under the terms of the Freedom of Information Act 2000
(FOIA) and we are now able to provide you with our response.
 
Your request
 
In your email you asked;
 
“I request from the ICO the following information:

(a) the full content of any Memoranda of Understanding between (i) the ICO
and the Police Service of Scotland and (ii) the ICO and the Crown office
and Procurator Fiscal Service

(b) the full content of any polices and/or procedures relating to the
investigation of offences under the Data Protection Act 1998 within
Scotland.”
 
Our response
 
In relation to part (a) of your request the ICO does not have any
Memoranda of Understanding with the Police Service of Scotland or the
Crown Office and Procurator Fiscal Service. As such we do not hold the
information you have requested.
 
In relation to part (b) of your request I can confirm we hold information
within the scope of your request however this is information exempt under
section 21 of the FOIA as it is reasonably accessible to you from another
source.
 
The ICO has two policies/procedures that cover the investigation of
offences under the Data Protection Act 1998. These are our ‘Data
Protection Regulatory Action Policy’ and our ‘Prosecution Policy
Statement’, both of which are available from the ICO website. I have
provided links to these two documents below. It may also be helpful to add
that as the ICO’s jurisdiction is the UK these policies will cover
Scotland.
 
Data Protection Regulatory Action Policy:
 
[1]https://ico.org.uk/media/about-the-ico/p...
 
Prosecution Policy Statement:
 
[2]https://ico.org.uk/media/about-the-ico/p...

This concludes our response to your request. I hope that the information
provided is of use to you.
 
Yours sincerely
 

Steven Johnston
Lead Information Access Officer
 
 
 

Next steps
 
If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Information Access team
at the address below or e-mail [3][ICO request email].

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request received
after this time will only be considered at the discretion of the
Commissioner.
 
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please visit
the ‘Concerns’ section of our website to make a Freedom of Information Act
or Environmental Information Regulations complaint online.
 
A copy of our review procedure is available here
[4]http://ico.org.uk/about_us/~/media/docum...
 

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. https://ico.org.uk/media/about-the-ico/p...
2. https://ico.org.uk/media/about-the-ico/p...
3. mailto:[ICO request email]
4. http://ico.org.uk/about_us/~/media/docum...

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