Police notes regarding Assange - 2

Marcin Musial made this Freedom of Information request to Metropolitan Police Service (MPS)

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

The request was partially successful.

Dear Metropolitan Police Service (MPS),

I am refering to your correspondence with ICO (ICO ref FS50480757) regarding my previous request (your ref 2012110000330).

Please release two documents (Tactical Plan and Powerpoint briefing) found when processing previous request.

Yours faithfully,

Marcin Musial

Metropolitan Police Service (MPS)

Dear Mr Musial

Freedom of Information Act Request Reference No: 2013060001484
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 11/06/2013.  I note you seek
access to the following information:

I am refering to your correspondence with ICO (ICO ref FS50480757)
regarding my previous request (your ref 2012110000330). Please release two
documents (Tactical Plan and Powerpoint briefing) found when processing
previous request.

This is to inform you that I cannot identify any specific records /
documents that will satisfy your request based on the details you have
provided.  To enable the MPS to meet your request could you please provide
this office with further information.  I provide some guidance that may
assist you more clearly describe the information you require:

I have reviewed your previous request, dealt with by Peter Royan-Posse,
and can find no mention of these documents being found.  I would therefore
request that you provide the exact name of the 2 documents you are after,
with, if possible, the person who created them and the date on which they
did.

As this office has had no dealings with the ICO in regards to your
previous case,  I will be unable to find these documents from that
correspondence.

After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory timescale of
20 working days, subject to the information not being exempt or containing
a reference to a third party.

However, if the requested additional information has not been received by
12 Juy 2013 I will assume you no longer wish to proceed with this request
and will treat it as withdrawn.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please email
or contact me on telephone number 020 7230 2003 quoting the reference
number above.

Yours sincerely,

Andrew Beaumont
SC&O Information Manager
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application 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.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

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Twitter: @metpoliceuk

Dear Metropolitan Police Service (MPS),

I am referring to documents you have found when you finally started processing my previous request correctly - after I made a complaint to Information Commissioner.

If you didn't correspond with ICO regarding the matter, I suggest you to speak to your colleagues who did - I am sure they have information in question.

I believe my request was specific enough to provide information needed. Please note I made a request to MPS not to you in specific - and it is on MPS to provide information, nevertheless which department was in touch with ICO.

Please proceed as requested - or start internal review if you think you are unable to process.

Yours faithfully,

Marcin Musial

Dear Metropolitan Police Service (MPS),

This request now due. Please confirm you are going to comply with the law and reply today.

Yours faithfully,

Marcin Musial

Dear Metropolitan Police Service (MPS),

For your information: I am referring the case to ICO now.

Yours faithfully,

Marcin Musial

Metropolitan Police Service (MPS)

Dear Mr Musial

I am not dealing with your request, it was forwarded to another department to deal with. I forwarded your email from yesterday to the person dealing.

Regards

A Beaumont
Information Manager

show quoted sections

Metropolitan Police Service (MPS)

Dear Mr Musial

I am currently dealing with your FOIA request in respect of information regarding a tactical plan and powerpoint briefing concerning the policing operation outside the Ecuador Embassy. I apologise for there being a delay in responding before the 20 working day deadline laid down by the FOI Act. The final wording of the response is due to be approved by the end of this week / early next week, so I expect the response to be sent to you by no later than Wednesday 17th July 2013.

I apologise for any inconvenience that this may have caused to you.

Yours sincerely

Steve Griggs

show quoted sections

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Musial

Freedom of Information Request Reference No: 2013060001484

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 13/06/2013.  I note you seek
access to the following information:

I am referring to your correspondence with ICO (ICO ref FS50480757)
regarding my previous request (your ref 2012110000330).
Please release two documents (Tactical Plan and Powerpoint briefing) found
when processing previous request.

Further to this request, I am able to confirm the following:-

The Powerpoint briefing you have requested can be partially disclosed,
subject to the deletion of information pursuant to the provisions of
Section 31(1) (a) & (b) Law Enforcement and Section 40(2) Personal
Information of the Freedom of Information Act 2000.

The Tactical Plan you have requested cannot be disclosed, pursuant to the
provisions of Section 31(1)(a) & (b) Law Enforcement of the Freedom of
Information Act 2000.

REASONS FOR DECISION

Section 17 of the Act provides:

(1)        A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant a notice which

(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 31 of the Freedom of Information Act 2000 provides an exemption
for information if disclosure would be likely to prejudice the enforcement
of law.

31(1) Information which is not exempt information by virtue of Section 30
is exempt information if its disclosure under this Act would, or would be
likely to, prejudice (a) the prevention or detection of crime and (b) the
apprehension or prosecution of offenders.

Section 40 provides an exemption for information if disclosure would
breach the principals of the Data Protection Act (1998).

Section 40(2) Any information to which a request for information relates
is also exempt information if (a) it constitutes personal data which do
not fall within subsection (1).

Section 40(2)(a)(b)(3)(a)(i)

Section 40(2)(a)(b) of the Act provides that any information, to which a
request for information relates, is exempt information if the first
condition of Section 40(3)(a)(i) is satisfied. The first condition of
Section 40(3)(a)(i) states that information is exempt if its disclosure
would contravene any of the data protection principles.

The eight principles of the Data Protection Act 1998 (DPA) govern the way
in which data controllers must manage personal information. Principle one
of the DPA provides that personal data must be processed fairly and
lawfully. Having considering your request, I have omitted staff details
and other personal information about Mr. Assange as to provide that
information would, I consider breach Principle one of the Data Protection
Act. There is generally no expectation that names of staff or more
detailed personal information about Mr. Assange would be made available to
the public through a Freedom of Information request.

Accordingly, I consider that any such release would be unfair and
constitute unfair processing of personal data under principle one of the
DPA.    

The provision to refuse access to information under Section 40(2)(a)(b)
and (3)(a)(i) of the Act is both absolute and class based. When this
exemption is applied, it is accepted that prejudice would result from
disclosure. There is therefore no requirement to demonstrate what that
prejudice may be in refusing access to information.

Section 31 1(a)(b)  Law Enforcement

Evidence of Harm

In considering whether or not this information should be disclosed, I have
considered the potential harm that could be caused by disclosure.  Clearly
the whole matter regarding Mr. Assange being in the Ecuador Embassy has
attracted huge worldwide media coverage and there is a lot of interest in
how this is being managed by the MPS.  However, for the police service to
disclose information about this operation would be counter productive to
this operation and other operations where similar tactics may be deployed.
This is especially pertinent in this instance because the policing
operation is still very much live. The level of harm that this may cause
could affect a large number of police officers, protected persons and
members of the public alike.

Public Interest Test

Public interest considerations favouring disclosure.

The release of such information would provide an insight into the police
service and enable the public to have a better understanding of
effectiveness of the police.

The release of information could allow the public to make informed
decisions about police procedures and the money spent in this business
area. This would greatly assist in the quality and accuracy of public
debate, which would otherwise likely be steeped in rumour and speculation.

Public interest considerations not favouring disclosure

The release of tactical information would identify the extent of the
police deployment and tactics for this particular operation. This will
provide any person determined to assist with the removal of Mr. Assange
from the building with details of how this may be achieved.

In more general terms, it is considered that the public would not wish
harm to be caused to the activity of the police service in terms of law
enforcement whilst they are preventing or detecting crime.

Also as this is an ongoing active operation, it is not considered to be in
the public interest to release information that may be used in any future
criminal proceedings.

Balancing Test  

After weighing up the competing interests I have determined that no
disclosure of the tactical plan and only a partial disclosure of the
briefing would be in the public interest.  I consider that the benefit
that would result from the information being disclosed does not outweigh
disclosing information relating to the current policing operation outside
of the Ecuador Embassy.

Therefore, please find with this response a redacted copy of the
Powerpoint briefing.

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further inquiries concerning this matter, please write
or contact Steve Griggs on telephone number 0208 721 5361 quoting the
reference number above.  I would like to take this opportunity to thank
you for your interest in the MPS.

Yours sincerely,

Steve Griggs
SO6 Information Manager

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application 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.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Dear Metropolitan Police Service (MPS),

I believe that in your public interest test you have omitted substantial argument behind releasing the information:

As per articles in the press:

"Plans to seize Julian Assange "under all circumstances" the moment he leaves the Ecuadorean embassy in London have accidentally been revealed by a police officer displaying restricted documents outside the embassy.

The document, pictured under the officer's arm by a Press Association photographer, appears to advocate arresting the WikiLeaks founder whether he leaves the building in a diplomatic bag or in a diplomatic car.

The handwritten plan was recorded at a police briefing and only partially covered by the officer's arm as he arrived at the embassy in Knightsbridge on Friday.

The brief begins: "BRIEF – EQ. Embassy brief – Summary of current position Re Assange. Action required – Assange to be arrested under all circumstances." It then makes reference to a "dip bag" and a "dip vehicle".

Source:
http://www.guardian.co.uk/media/2012/aug...

Therefore, it appears that the MPS intention was to break the law by breaching immunity of Ecuadorean diplomatic post.

I believe it is strongly in public interest to reveal all the information which may either confirm or deny such accusations and, if confirmed, to prosecute person who gave such orders.

Please start internal review of my request.

Yours faithfully,

Marcin Musial

Metropolitan Police Service (MPS)

Dear Mr. Musial

The fact that you have requested an internal review is noted. However, in
light of the fact that this review will be virtually identical to an
internal review carried out on an earlier request of yours, the MPS,
following dialogue with the Information Commissioner's Office, have
decided to waive any internal review and pass the matter directly to the
Information Commissioner. I am aware that the Information Commissioner's
Office will be in contact with you soon to discuss this matter.

Yours sincerely

Nigel Shankster

02071613649

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

3 Attachments

Dear Mr Musial
 
Freedom of Information Complaint Reference No: 2013070002361
 
Please see the documents attached for additional MPS correspondence in
relation to your FoIA complaint.
 
 
Yours sincerely
 
 
 
Brian Wilson
FOIA Complaints Officer
 

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk