Dear Mr Turner

Freedom of Information Request Reference No: 2013050001258
I write in connection with your request for information  which was
received by the Metropolitan Police Service (MPS) on 12/05/2013.  I note
you seek access to the following information:

* "It was reported today in the Sunday Times that the Metropolitan
Police Service has been negotiating with Ipsos Mori to purchase data
about mobile phone users.
I would be grateful if you could supply me with the following
information"        
1) Has the Met had any discussions in 2013 with Ipsos Mori about
purchasing data about mobile phone users?    
2) Please provide a summary of the data that would have been
purchased, including whether any of it was at a level likely to    
identify individuals    
3) Please provide a summary of the purposes for which the data was
intended to be used by the Met.    
4) Please confirm whether you hold any recorded information about the
possibility of using the data to identify individuals "    

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 timescale 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 me at the above address or my colleagues at [email address]
quoting the reference number above.

Yours sincerely

S Bhaskaran
Customer Services Administration Team
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 Tim,

I have forwarded your email to the case worker and they will be in contact with you shortly.

Regards

S Bhaskaran

show quoted sections

Dear Mr Turner,

Freedom of Information Request Reference No: 2013050001258

I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 12/05/2013.  I note
you seek access to the following information:

It was reported today in the Sunday Times that the Metropolitan     Police
Service has been negotiating with Ipsos Mori to purchase     data about
mobile phone users.         I would be grateful if you could supply me
with the following     information:

1) Has the Met had any discussions in 2013 with Ipsos Mori about    
purchasing data about mobile phone users?     2) Please provide a summary
of the data that would have been     purchased, including whether any of
it was at a level likely to     identify individuals
3) Please provide a summary of the purposes for which the data was    
intended to be used by the Met.
4) Please confirm whether you hold any recorded information about     the
possibility of using the data to identify individuals    

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).
Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.
Section 17(2) provides:
2) Where-
a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.
I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated, as we are
currently considering whether 'qualified exemptions' apply to the
information you have requested. As a result we will not be able to respond
within 20 working days.
For your information we are considering the following exemptions:
Section 40 - Personal Information
Section 30 - Investigations
Section 31 - Law Enforcement
Section 43 - Commercial Interests
I can now advise you that the amended date for a response is 11th July
2013.
May I apologise for any inconvenience caused.
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 2372 or via email, quoting the reference number
above.

Yours sincerely

James Young
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:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Dear Mr. Turner

Freedom of Information Request Reference No: 2013080000367

I write in connection with your correspondence dated 1st August 2013
requesting that the Metropolitan Police Service (MPS) review your request
for information received by the MPS on 12th May 2013 (ref: 2013050001258).
 

Please find below a full response to your complaint below.

Request for information

It was reported today in the Sunday Times that the Metropolitan Police
Service has been negotiating with Ipsos Mori to purchase data about mobile
phone users.  I would be grateful if you could supply me with the
following information:

1) Has the Met had any discussions in 2013 with Ipsos Mori about
purchasing data about mobile phone users?  

2) Please provide a summary of the data that would have been purchased,
including whether any of it was at a level likely to identify individuals

3) Please provide a summary of the purposes for which the data was
intended to be used by the Met.

4) Please confirm whether you hold any recorded information about the
possibility of using the data to identify individuals    

Request for Review (Summarised)

On May 12th 2013 (i.e. nearly three months ago) I made an FOI request to
the Metropolitan Police…The Met failed to answer on time, extending the
deadline on a range of exemptions on the basis of the public interest,
even though one of the exemptions - s40 - does not have a public interest
test and therefore the deadline cannot be extended to cover it….I do not
want to ask for an internal review or complain to the Information
Commissioner’s Office solely on the basis of your inability / refusal to
provide an answer. This is a waste of my time and yours, especially as you
have already indicated an instinct to refuse my substantive request,
something I will challenge as far as I can.  However, I am willing to
complain about the non-response if that is what it takes to persuade you
to comply with your legal obligations.  

DECISION

The Metropolitan Police Service (MPS) has determined that procedural
errors have been made in relation to your request.

REASON FOR DECISION        

Time compliance

The review takes note of your comment ‘On May 12th 2013 (i.e. nearly three
months ago) I made an FOI request to the Metropolitan Police…The Met
failed to answer on time, extending the deadline on a range of exemptions
on the basis of the public interest...’ In this regard I can advise you
that the statutory time limit for responding to a Freedom of Information
Act request is set out in Section 10(1) of the Freedom of Information Act
2000 (FoIA) which states that a public authority must comply with section1
(1) promptly and in any event not later than the twentieth working day
following the date of receipt.  Therefore, a public authority must inform
the applicant in writing whether it holds the information requested and if
so, communicate that information to the applicant, promptly, but not later
than 20 working days after receipt of the request.

Your request for information was received by the MPS on the 12th May 2013
and therefore a response should have been sent by the 10th June 2013.  

The review has regard for your comment ‘…even though one of the exemptions
- s40 - does not have a public interest test and therefore the deadline
cannot be extended to cover it’  Where a public authority is considering
applying an exemption that requires a public interest test, section 17(2)
requires the refusal notice to indicate that no decision regarding the
application of the exemption has yet been reached and to contain an
estimate of the date by which the authority expects that such a decision
will be reached.

Section 17(3) requires a public authority that is to any extent applying
an exemption that requires a public interest test to state the reasons for
claiming that the public interest in maintaining the exemption outweighs
the public interest in disclosing the information ‘within such time as is
reasonable in the circumstances’.

The review takes note of the refusal notice sent to you on the 13th June
2013 that the MPS was considering whether the information requested was
covered by one of the ‘qualified exemptions’ by virtue of section 17(2)
FoIA stating ‘…we are currently considering whether ‘qualified exemptions’
apply to the information you have requested…we are considering the
following exemptions…section 40 - Personal information, section 30 -
Investigations, section 31 - Law enforcement and section 43 - commercial
Interests.’ The review also takes note of the amended date for a response
being the 11th July 2013.  

There is no statutory time limit in relation to the length of time a
public authority may take to consider the public interest in relation to
the application of a qualified exemption and the Freedom of Information
Act does not define what is ‘reasonable’.   However, the Information
Commissioner’s Office has issued good practice guidance that indicates
that the total time taken to respond to a request should not exceed 40
working days.
http://www.ico.gov.uk/upload/documents/l...

In this instance, a full response has not been provided to you within 40
working days. Furthermore, I note that a response to your request is
currently outstanding and that you have not been provided with an updated
estimation of the date by which a decision is expected to be reached.  For
these reasons, I have determined that procedural errors have been made in
relation to your request.  I have contacted the relevant information
manager and can confirm the case is currently ongoing.

As a response to your request is currently outstanding, I am unable to
complete a full internal review in relation to your request.  However,
should you be dissatisfied with the MPS response to your request, you
would still be entitled to request an internal review in relation to the
decision.

I would like to take this opportunity to apologise for the delay you have
experienced and for any inconvenience caused by our failure to process
your request correctly.  I hope to reassure you that the MPS takes
compliance with the Act very seriously and is working hard to promote good
practice in regard to the processing of requests.

Yours sincerely

Mike Lyng
FOIA Quality and Assurance Advisor

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

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 Mr Turner,

Freedom of Information Request Reference No: 2013050001258

I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 12/05/2013.  I note
you seek access to the following information:

It was reported today in the Sunday Times that the Metropolitan Police
Service has been negotiating with Ipsos Mori to purchase data about mobile
phone users.

I would be grateful if you could supply me with the following information:

1) Has the Met had any discussions in 2013 with Ipsos Mori about
purchasing data about mobile phone users?

2) Please provide a summary of the data that would have been purchased,
including whether any of it was at a level likely to identify individuals

3) Please provide a summary of the purposes for which the data was
intended to be used by the Met.

4) Please confirm whether you hold any recorded information about the
possibility of using the data to identify individuals

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
within Specialist Crime & Operations (SC&O).

RESULT OF SEARCHES

The searches located records relevant to your request.

DECISION

I will answer your questions in turn.

At question 1 you asked:

Has the Met had any discussions in 2013 with Ipsos Mori about purchasing
data about mobile phone users?

The MPS response is:

The MPS was provided with information from Ipsos Mori in examining how
anonymised and aggregated mobile phone data could be used to tackle crime.

The MPS held meetings with Ipsos Mori on 22nd March 2013 & 9th May 2013.

The first meeting was attended by the Commissioner Sir Bernard Hogan-Howe
QPM and Deputy Commissioner Craig Mackey QPM.  The second meeting was
attended by Assistant Commissioner Mark Rowley QPM.

The MPS has made no offer to purchase data from Ipsos Mori nor has any
intention of doing so.

At question 2 you asked:

Please provide a summary of the data that would have been purchased,
including whether any of it was at a level likely to identify individuals

The MPS response is:

The MPS was provided with information from Ipsos Mori in examining how
anonymised and aggregated mobile phone data could be used to tackle crime.

There are four documents I am able to release.  Please find these attached
at the end of this email.  In relation to the other documents the MPS hold
and having located and considered the relevant information, I am afraid
that I am not required by statute to release this information.
This email serves as a Refusal Notice under Section 17(1)(a)(b)(c) of the
Freedom of information Act 2000 (the Act).
__________________

Before I explain the reasons for the decisions I have made in relation to
your request, I thought that it would be helpful if I outline the
parameters set out by the Act within which a request for information can
be answered.

The Act creates a statutory right of access to information held by public
authorities. A public authority in receipt of a request must, if
permitted, confirm if the requested information is held by that public
authority and, if so, then communicate that information to the applicant.

The right of access to information is not without exception and is subject
to a number of exemptions, which are designed to enable public authorities
to withhold information that is not suitable for release. Importantly, the
Act is designed to place information into the public domain, that is, once
access to information is granted to one person under the Act, it is then
considered public information and must be communicated to any individual
should a request be received.  

show quoted sections

Dear Mr Turner

Freedom of Information Request Reference No: 2013090002629

I write in connection with your request for a review of the original MPS
decision relating to 2013050001258 which was received by the Metropolitan
Police Service (MPS) on 24/09/2013.  

Your request for a review will now be considered in accordance with the
Freedom of Information Act 2000 (the Act).  You will receive a response to
your request for a review of the original MPS case within a timescale of
20 working days.  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.

COMPLAINT RIGHTS

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

Yours sincerely

R. Loizou
Administration Team 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 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