Operation Ripley

The request was partially successful.

Dear The Financial Conduct Authority,

please could you disclose to me,

1) The remit of Operation Ripley
2) The name of the officer leading the inquiry, to whom evidence of offences &c may be forwarded
3) The number of prosecutions resulting from the investigation
4) Confirm or deny that the detective (and unauthorised part time forensic gastronomist*) DS Barry Murray of the City of London Police IFED is involved in Operation Ripley, and if so, a list of the hospitality gifts he has consumed

Yours faithfully,

P. John

(*) www.techweekeurope.co.uk/workspace/polic...

The Financial Conduct Authority

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The Financial Conduct Authority (FCA) is registered as a limited company in England and Wales No. 1920623. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company in England and Wales No. 8970864. Registered office: 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment Systems Regulator Limited)

Freedom of Information, The Financial Conduct Authority

1 Attachment

Our reference: FOI4716

 

Dear P John

 

 

Thank you for your request under the Freedom of Information Act 2000 (the
Act).

 

Your request has now been considered and will be answered in turn.

 

“Please could you disclose to me,

 

1) The remit of Operation Ripley

 

Operation Ripley was an investigation into offences of Insider Dealing
contrary to the Criminal Justice Act.

 

2) The name of the officer leading the inquiry, to whom evidence of
offences &c may be forwarded

 

We are unable to provide you with the information relating to question 2
as we consider that disclosure of that information would lead to the
identification of those individual(s) concerned, which would breach the
Principles in the Data Protection Act 1998. As a result, we are prohibited
from disclosing the information under section 40 (Personal Information) of
the Act. For a detailed explanation as to why this exemption applies,
please see Annex A.

 

Further, this investigation is closed following court appearances.
However, the FCA welcomes information that may be relevant to its public
functions. Information can also be provided by contacting the FCA Customer
Contact Centre 0800 111 6768 (freephone) or 0300 500 8082 from the UK, or
+44 207 066 1000 from abroad.

 

3) The number of prosecutions resulting from the investigation

 

One

 

4) Confirm or deny that the detective (and unauthorised part time forensic
gastronomist*) [name] is involved in Operation Ripley, and if so, a list
of the hospitality gifts he has consumed

(*)
[1]www.techweekeurope.co.uk/workspace/police-looking-into-allegations-phorm-wined-and-dined-officer-70965”

 

You have requested information which could also constitute the personal
data of an individual other than yourself, therefore, we are unable to
confirm or deny whether we hold this information. This is because under
section 40 (Personal information) of the Act, personal data of an
individual is exempt information when disclosure to a third party would
breach the Principles of the Data Protection Act 1998 (“DPA”). Please
refer to Annex B for a more detailed explanation as to why this exemption
applies.

 

Yours sincerely

 

 

Information Access Team / Finance and Business Services

[2]FCA_

Financial Conduct Authority

25 The North Colonnade

Canary Wharf

London

E14 5HS

 

Tel: +44 (0)20 7066 8080

 

www.fca.org.uk

 

The contents of this email and any attachment are classified as FCA
RESTRICTED unless stated otherwise.

 

 

 

 

Your right to complain under the Act

 

If you are unhappy with the decision made in relation to your request, you
have the right to request an internal review.  If you wish to exercise
this right you should contact us within three months of the date of this
response.

 

If you are not content with the outcome of the internal review, you also
have a right of appeal to the Information Commissioner at Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF. Telephone: 01625 545 700. Website: [3]www.ico.org.uk

 

 

 

 

 

Annex A

 

·                     Section 40 (Personal information)

 

  To the extent that the information that we hold contains personal data
about an individual, section 40 (2)(b) of the Act provides that "Any
information to which a request for information relates is also exempt
information if … either the first or second condition below (see sections
40(3) and 40(4) of the Act) is satisfied".

 

In respect of question 2, we have applied this exemption because the first
condition (as stated in section 40(3) of the Act) is satisfied as some of
the information requested comprises the personal data of individual(s)
other than yourself, which if disclosed would breach the Principles in the
Data Protection Act 1998.  It would be a breach of Principle 1 to disclose
such information, as it would not be lawful or fair to the individual(s)
concerned. 

 

 

Annex B

 

·                     Section 40 (Personal Information)

 

Section 40(5)(b) of the Act provides that the duty to confirm or deny does
not arise in relation to information which is (or if it were held by the
public authority would be) exempt information by virtue of section 40(1)
if the confirmation or denial that would have to be given to meet the
FCA’s duty under the Act would itself contravene any of the principles in
the Data Protection Act 1998.

 

In respect of question 4, we have applied this exemption because the
confirmation or denial that would have to be given to satisfy your request
would itself entail the disclosure of the personal data of individuals
other than yourself, which would breach data protection Principle 1. 

 

The section 40 exemption is an “absolute” exemption, and so it is not
necessary to balance whether the public interest in maintaining the
exclusion of the duty to confirm or deny outweighs the public interest in
disclosing whether we hold information that would fall within the scope of
the request.

 

 

This communication and any attachments contain information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer. Further information
on the classification and handling of FCA information can be found on the
FCA website
(http://www.fca.org.uk/site-info/legal/fc...).

The FCA (or, if this email originates from the Payment Systems Regulator
Limited, the FCA on behalf of the Payment Systems Regulator Limited / the
Payment Systems Regulator Limited) reserves the right to monitor all email
communications for compliance with legal, regulatory and professional
standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from the
Financial Conduct Authority (FCA), or the Payment Systems Regulator
Limited.

The Financial Conduct Authority (FCA) is registered as a limited company
in England and Wales No. 1920623. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom

The Payment Systems Regulator Limited is registered as a limited company
in England and Wales No. 8970864. Registered office: 25 The North
Colonnade, Canary Wharf, London E14 5HS, United Kingdom

Switchboard 020 7066 1000

Web Site http://www.fca.org.uk (FCA); http://www.psr.org.uk (the Payment
Systems Regulator Limited)

 

References

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3. http://www.ico.org.uk/