Obtaining a signed certificate from a Minister of the Crown (Ministerial certificate) on grounds of National Security

Martin McGartland made this Freedom of Information request to Information Commissioner's Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Information Commissioner's Office did not have the information requested.

Dear Information Commissioner’s Office,

Under FOIA I am requesting all recorded information you hold concerning following;

1. Any Ministerial certificate/s that have been signed by a Minister of the Crown concerning any of my requests.

2. Regards 1 above, which public authorities, if any, have applied for such Ministerial certificate/s.

3. Regards 1 and 2 above, how many, if any, Ministerial certificate/s have Northumbria Police requested and or obtained during the past 5 years.

Yours faithfully,

Martin McGartland

www.martinmcgartland.co.uk

Information Commissioner's Office

PROTECT

15 February 2013

Case Reference Number IRQ0485899

Dear Mr McGartland

Request for Information
 
Thank you for your correspondence which we received on 14 February, in
which you have made a request for information held by the Information
Commissioner's Office (ICO).  Your request has been passed to the
Information Governance Department to deal with.
 
You have asked us to provide you with information about any ministerial
certificate/s that have been signed by a Minister of the Crown concerning
any of your requests, and other associated information which you have
specified.
 
Because the records we hold in connection with your requests relate to
you, they comprise your ‘personal data’.  As a result we are treating your
request as a ‘subject access request’ made under the Data Protection Act
1998 (DPA). 
 
However, if there is additional information held that falls in the scope
of your request which is not your personal data, we will still consider
whether this should be provided to you under the terms of the Freedom of
Information Act 2000 (FOIA).  As you are aware the FOIA provides
individuals with the right of access to other information, other than the
information about themselves to which they have the right of access under
the DPA. It is important to note that a release under FOIA is applicant
blind and therefore effectively a release to the wider world. We will
therefore also consider the release of any information that it might be
reasonable to disclose on a discretionary basis, given your own knowledge
and involvement of this matter.
 
Whilst an organisation must respond to a subject access request promptly,
and in any event within 40 calendar days, we would hope to be in a
position to respond to your request within the shorter timeframe required
by the FOIA (20 working days from the day after we received your
request).  Therefore, as we received your request on 14 February we hope
to respond by 14 March 2013.
 
Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the information
is added directly to your case. However, please be aware that this is an
automated process; the information will not be read by a member of our
staff until your case is allocated to a request handler.
 
Yours sincerely
 
 
Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545676 F. 01625 524510 [1]www.ico.gov.uk
 

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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.gov.uk

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Dear Mr Dickinson,

I note what you say regards the information I'm requesting being about me but you will be aware that there has been decisions in the past by ICO, IC that clearly state that just because a requester is named within certain documents and or recorded information it does not follow that the recorded information is necessarily the personal data and or information of the requester.

As a result of the above, I must ask you to ensure that my request is dealt with correctly and also within the law. I am requesting this information under FOIA, DPA and all other rights of access.

Yours faithfully,

Martin McGartland

www.martinmcgartland.co.uk

Information Commissioner's Office

PROTECT

 

6th March 2013

 

Case Reference Number IRQ0485899

 

Dear Mr McGartland

Request for Information
 
Further to our acknowledgement of 15 February 2013 we are now in a
position to provide you with a response to your request for information
dated 14 February 2013.
 
As you know we have dealt with your request in accordance with your ‘right
to know’ under section 1(1) of the Freedom of Information Act 2000 (FOIA),
which entitles you to be provided with a copy of any information ‘held’ by
a public authority, unless an appropriate exemption applies, as well as
section 7 of the Data Protection Act 1998 as you have asked us to confirm
if any information is held which relates personally to you.
 
Request
 
In your request you asked us to provide you with all recorded information
we hold concerning the following:
 
 

 1. Any Ministerial certificate/s that have been signed by a Minister of
the Crown concerning any of my requests.
 2. Regards 1 above, which public authorities, if any, have applied for
such ministerial certificate/s.
 3. Regards 1 and 2 above, how many, if any, Ministerial certificate/s
have Northumbria Police requested and or obtained during the past 5
years.

 
Information Held
 
We would respond as follows:
 
 

 1. We can confirm that we do not hold any information falling with this
part of your request.
 2. Again, we do not hold any information which falls within this part of
your request.
 3. We do not hold any information about any Ministerial certificates
obtained by Northumbria Police.  Specifically, we have not considered
any complaint under section 50 of the FOIA about Northumbria Police
having applied for a Ministerial certificate on the grounds of
national security.

 
Review Procedure
 
If you are dissatisfied with this response 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 Governance Department at the address
below or e-mail [1][email address]
 
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 write
to our First Contact Team, at the address given or visit the ‘Complaints’
section of our website to make a Freedom of Information Act or
Environmental Information Regulations complaint online.
 
A copy of our review procedure can be accessed from our website [2]here .
 
Yours sincerely
 
Antonia Swann      Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545894  F. 01625 524510  [3]www.ico.gov.uk
 
 
 
 

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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.gov.uk

References

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