Norfolk Constabulary
Mr Richard Norman
Freedom of Information Department
Jubilee House
www.
whatdotheyknow.com
Falconers Chase
Wymondham
Norfolk NR18 0WW
Tel: 01953 42 4487
Fax: 01953 42 4080
Date: 13th
of August 2010
Email: xxxxxxxxxxxxxxxxxxxx@xxxxxxx.xxx.xxxxxx.xx
www.norfolk.police.uk
Non-Emergency Tel: 0845 456 4567
Dear Mr Norman
Freedom of Information Request Reference No: FOI 191/10/11
I write in connection with your request for information received by the Norfolk Constabulary. I note
that under the terms of the Freedom of Information Act 2000, you have requested that the following
information is to be made available to the general public:
•
I would like to request information as to who the arresting officer was in relation to a
[
name removed]
who appeared at Norwich Crown Court for sentence on the 22nd
December 2004
To begin with, I would like to offer some guidance regarding the scope and purpose of the
Freedom of Information Act.
It is important to understand that the Freedom of Information Act (FOIA) gives any member of the
public the right to request that recorded information held by the Norfolk Constabulary is to be
published and made available to the general public. FOIA is designed as a means to achieve
openness and transparency in public authorities and to make those authorities accountable to the
public they serve.
When responding to a request for information made under FOIA, a pubic authority cannot take
either of the following into account:
• The identity of the applicant
• The reason(s) why the applicant is requesting the information
In order to provide further guidance on the Freedom of Information Act, I have enclosed a copy of
the guidance issued by the Office of the Information Commissioner, and I would draw your
attention to the Section 3 ‘
Is it information that would be suitable for general publication?’, on page
2 of the document.
Applications made under FOIA are totally independent from any other process operated by a
public authority and any disclosure of recorded information under this Act is deemed as a
disclosure to the world and cannot be a disclosure of information to any single individual.
This means that once information has been released under the Freedom of Information Act it
becomes a matter of public record and we have a policy of publishing information released under
FOIA on the ‘Disclosure Log’ section our Force web-site in order to make that information available
to any member of the public who may wish to view it.
The Disclosure Log can be accessed via the following web-link, and this response to your request
will be published, in an anonymised, format on our website under the Section titled ‘Personal Data’:
www.norfolk.police.uk/aboutus/yourrighttoinformation/freedomofinformation/disclosurelog.aspx
As information published under the Freedom of Information Act is available to the general public,
there are exemptions from publication that allow the Norfolk Constabulary to waive our duty to
confirm if information is held, and to waive our duty to disclose any such information if it is
necessary to protect the privacy of an identifiable individual.
Section 40 of the Freedom of Information Act covers information that may be considered to be
personal information as defined by the Data Protection Act.
Members of the public have a right to privacy, and no information can be published under the
Freedom of Information Act if to do so would then place the Norfolk Constabulary in breach of the
Data Protection Act.
To confirm if any information is or is not held, would be a disclosure of personal information as by
confirming to the general public whether information is or is not held, we would be confirming
whether the persons named in your request had been subject to Police action or Criminal
Prosecution in the past.
In view of the advice provided in the paragraphs shown above, under the terms of the Freedom of
Information Act and by virtue of the exemption provided at Section 40(5), which relates to personal
information, the Norfolk Constabulary will publically neither confirm nor deny that any recorded
information relevant to your request is held and this letter serves as a refusal notice in accordance
with Section 17 of the Freedom of Information Act.
This response should not be taken as an indication that any information you have requested to be
made public either does or does not exist.
Additional Advice:
By way of offering further advice, I would like to make you aware that under the Data Protection
Act, members of the public have a right to request access to their own personal data.
If you believe that the Norfolk Constabulary may hold personal information about you, such as
details of any contact you have personally made with the Constabulary, and you wish to proceed
with an application under the Data Protection Act, please complete the accompanying application
form, and return it to the Data Protection Office of the Norfolk Constabulary, together with your
proof of identity and the relevant £10 fee.
Should you have any further queries concerning your Freedom of Information request, please
contact me quoting the reference number shown above.
Should you have any queries regarding making an application under the Data Protection Act,
please contact the Data Protection Office via the Norfolk Constabulary’s non-emergency help line
number 0845 456 4567.
Yours sincerely,
Richard Kindleysides
Freedom of Information Department
A full copy of the Freedom of Information Act (2000) can be viewed on the ‘Office of Public Sector Information’ web-site;
http://www.opsi.gov.uk/
The Norfolk Constabulary is not responsible for the content, or the reliability, of the website referenced. The
Constabulary cannot guarantee that this link will work all of the time, and we have no control over the availability of the
linked pages.
Your Right to Request a Review of Decisions Made Under the Terms of the Freedom of
Information Act (2000).
If you are unhappy with how your request has been handled, or if you think the decision is
incorrect, you have the right to ask the Norfolk Constabulary to review their decision.
Ask the Norfolk Constabulary to look at the decision again.
If you are dissatisfied with the decision made by the Norfolk Constabulary under the Freedom of
Information Act (2000), regarding access to information, you must notify the Norfolk Constabulary
that you are requesting a review within 2 months of the date of its response to your Freedom of
Information request. Requests for a review should be made in writing and addressed to:
Freedom of Information Decision Maker
Professional Standards Department
Norfolk Constabulary
Operations and Communications Centre
Jubilee House
Falconers Chase
Wymondham
Norfolk NR18 0WW
In all possible circumstances the Norfolk Constabulary will aim to respond to your complaint within
20 working days.
The Information Commissioner.
After lodging a request for a review with the Norfolk Constabulary, if you are still dissatisfied with
the decision, you can apply to the Information Commissioner for a decision on whether the request
for information has been dealt with in accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner please visit their
website at www.informationcommissioner.gov.uk or contact them at the address shown below:
The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700