Dear Mr. Bacon

Freedom of Information Request Reference No: 2009070006291
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 23/07/2009. I note you seek
access to the following information:

* "I would like to obtain a copy of the 'Policing Diversity Online
Intranet Resource'. According to the MPA committee 'MPS progress on
the implementation of the Police Race and Diversity Learning and
Development Programme' (5th June 2008) this resource has replaced the
MPS Policing Diversity Handbook.
* I understand that as this is an intranet resource it may be updated on
a regular basis.
* I am therefore willing to accept a 'snapshot' of the resource at one
point in time.
* You may respond to this request in whichever format is most convenient
(e.g. HTML, PDF, word, screenshot JPGs). I am interested in the text
of the resource, not its design or layout. "

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within
the statutory time scale of 20 working days as defined by the Act,
subject to the information not being exempt or containing a reference
to a third party. In some circumstances the MPS may be unable to
achieve this deadline. If this is likely you will be informed and
given a revised time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

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
contact Rozmarie Loizou at the above e-mail address, quoting the
reference number above.

Yours sincerely

Rozmarie Loizou
Administrative Support Officer
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 and encouraged to
discuss the decision with the case officer that dealt with your
request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 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

show quoted sections

Dear Mr. Bacon,

Please accept our apologies for the delay with regards to your request.
I will forward your query to the case owner (who is currently dealing
with your request)and ask her to give you an update on the progress of
your request.

With kind regards,
Rozmarie.

show quoted sections

Francis

Thank you for your FOIA request. Sorry for the delay in sending through
the publication you have requested. I should be in a position to forward
it to you within the next few working days.

Kind regards

Becky

show quoted sections

Frances

Once turned into a word document the information contained is very
lengthy. It is currently with a Senior Manager for final sign off in
order for us to forward to you. I apologise for the delay but would hope
to have this with you within the next 5 working days.

Kind regards

Becky
___________________________________________________________
Rebecca Lawrence |Staff Officer to the Director of Human Resources | HR1

Metropolitan Police Service

MetPhone 62912 | Telephone 020 7230 2912 | Fax 020 7230 6748 (69748)
Email [email address]
Address Room 1031, New Scotland Yard, London SW1H 0BG

show quoted sections

Dear Francis Bacon,

I am writing in relation to your Freedom of Information request regarding
the Policing Diversity Online Intranet Resource.

I am aware that you have already spoken to my colleague regarding the
delay with your response.

I am sorry to inform you that we are still working on your request and
will endeavour to get the relevant information to as soon as possible.

I am very sorry for any inconvenience caused.

Kind Regards

Jenny Gallagher
FOI Manager HR

show quoted sections

Dear Francis Bacon

Freedom of Information Request Reference No: 2009070006291

I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 23/07/2009. I note
you seek access to the following information:

** I would like to obtain a copy of the 'Policing Diversity Online
Intranet Resource'. According to the MPA committee 'MPS progress on the
implementation of the Police Race and Diversity Learning and Development
Programme' (5th June 2008) this resource has replaced the MPS Policing
Diversity Handbook. I understand that as this is an intranet resource it
may be updated on a regular basis.

I am therefore willing to accept a 'snapshot' of the resource at one point
in time. You may respond to this request in whichever format is most
convenient (e.g. HTML, PDF, word, screenshot JPGs).

I am interested in the text of the resource, not its design or layout.

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
within Human Resources.

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

I have today decided to:

* disclose the 'Policing Diversity Online Intranet Resource' subject to
the deletion of information pursuant to the provisions of Section 40
of the Act.

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 40 (2) & (3) (Personal Information) of the Act provides:

(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),
and
(b) either the first or the second condition below is satisfied.

(3) The first condition is-
(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of "data" in section 1(1) of the [1998 c. 29.] Data
Protection Act 1998, that the disclosure of the information to a member of
the public otherwise than under this Act would contravene-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely to cause
damage or distress), and
(b) in any other case, that the disclosure of the information to a member
of the public otherwise than under this Act would contravene any of the
data protection principles if the exemptions in section 33A(1) of the
[1998 c. 29.] Data Protection Act 1998 (which relate to manual data held
by public authorities) were disregarded.

Under principle one of the Data Protection Act 1998, personal data must be
processed by an organisation fairly and lawfully. Therefore to release
the personal data of third party individuals, which would be included
within the information you have requested, would breach the agreed use of
that information and would infringe the Data Protection principles.

Under principle one of the Data Protection Act 1998, personal data must be
processed by an organisation fairly and lawfully. Therefore to release
the personal data of third party individuals, which would be included
within the information you have requested, would breach the agreed use of
that information and would infringe the Data Protection principles.

The first data protection principle states:
1. Personal data shall be processed fairly and lawfully an, in particular,
shall not be processed unless-
(a) at least one of the conditions in schedule 2 is met.

Some of the information requested, which has not been disclosed, is
classed as personal data in Section 1 of the Data Protection Act. After
reviewing the conditions under Schedule 2, I believe condition 1 & 6 under
Schedule 2 is relevant to the disclosure of the requested information.
However, Conditions have an overriding requirement for processing
personal data to uphold the fundamental rights and freedoms afforded to
Data subjects, which I believe this request does not meet by virtue of
Article 8 of the Human Rights Act 1998.

Data Subjects have the right to respect for his private and family life
under Article 8 of the Human Rights Act, which states:

1. Everyone has the right to respect for his private and family life, his
home and his correspondence.
2. There shall be no interference by a public authority which the exercise
of his right except such as in accordance with the law and is necessary in
a democratic society in the interest of national security, public safety
or the economic well-being of the country, for the prevention of disorder
or crime, for the protection of health or morals, or for the protection of
the rights and freedoms of others.

In conclusion, I do not believe the disclosure of the remaining requested
information would meet the requirements of the Data Protection Act 1998 or
the Human Rights Act 1998 and is therefore exempted under Section 40(2)
and 40(3).

Section 40 is a class-based and absolute exemption. As such, I am not
required to provide you with a harm test or a public interest test.

Please find attached your response. I would like to take this opportunity
to apologise once again for the delay in sending this information to you

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 020 7230 2343 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Jennifer Gallagher
FOI 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 and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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 and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 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

show quoted sections