Right of Access Request To Discover Communications Between Politicians And British Police Forces
Dear Metropolitan Police Service (MPS),
Please supply me with all communications, documentary and recorded telephone calls, if such exist, that have occurred between United Kingdom based politicians, especially, The Speaker of the House of Commons, Sir Lindsay Hoyle MP, and your police force, in relation to me, dating back to 1 January 2023.
My details are: Peter McNab. [address removed].
I look forward to receiving such
Yours faithfully,
Peter McNab
Thank you for your email to the Metropolitan Police Service Data Office.
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The following types of applications are processed by this department:
• [3]Right of Access Requests (Formerly Subject Access Requests)
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Information Rights Unit
PO Box 313
Sidcup
DA15 0HH
Email: [1][The Met request email]
[2]www.met.police.uk
Your ref:
Our ref: 01/FOI/23/029832
17/04/2023
Dear Peter McNab
Please see advise below:-
Freedom of Information Request Reference No: 01/FOI/23/029832
I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 14/04/2023. I note you seek
access to the following information:
Dear Metropolitan Police Service (MPS),
Please supply me with all communications, documentary and recorded
telephone calls, if such exist, that have occurred between United Kingdom
based politicians, especially, The Speaker of the House of Commons, Sir
Lindsay Hoyle MP, and your police force, in relation to me, dating back to
1 January 2023.
My details are: Peter McNab. [address removed].
Please accept this letter as an acknowledgement of receipt of your
request, which has been considered under the Freedom of Information Act
2000 (the Act).
DECISION
The Metropolitan Police Service neither confirms nor denies that it holds
the information you have requested as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply by virtue of the Section
40(5A)(5B) exemption. This response therefore represents a Refusal Notice
in accordance with Section 17(1) of the Act. Please see the legal annex
for the sections of the Act that are referred to in this letter.
REASON FOR DECISION
A Freedom of Information Act request is not a private transaction. Both
the request itself, and any information disclosed, are considered suitable
for open publication. This is because, under Freedom of Information, any
information disclosed is released into the wider public domain,
effectively to the world and not just to one individual.
In most cases, Personal Data is exempt from disclosure under the Freedom
of Information Act, as I will explain below.
To confirm or deny whether personal information exists in response to your
request could publicly reveal information about an individual or
individuals, thereby breaching the right to privacy afforded to persons
under the Data Protection Act 2018 (DPA) and the UK General Data
Protection Regulation (UK GDPR).
Where an individual is requesting his or her own personal data the
information is always exempt. Such information can be requested under
other legislation (please see the advice and assistance section below).
Where an individual is requesting third party personal data the MPS must
ensure that any action taken adheres to the principles of the Data
Protection Act 2018 and the UK GDPR. To clarify, the Freedom of
Information Act only allows disclosure of personal data if that disclosure
would be compliant with the principles for processing personal data. These
principles are outlined under section 34 of the DPA 2018 and under Article
5 of the UK GDPR.
ADVICE AND ASSISTANCE
If the information is your own personal information, for example, if you
are seeking a crime report where you were a victim, witness or suspect,
then you are able to request your information via a Right of Access
Request (ROA) under the DPA. In order for us to progress your request as
an ROA request, please provide us with the following information:
1. A proof of your residential address dated within the last six
months, this can be a utility bill or bank statement.
2. A proof of ID to confirm your name, date of birth and signature,
this can be a passport or a driving licence.
3. A dated sample of your signature to match that on your ID this can
be on a blank piece of paper section 5 of the optional application form
(see below).
Further guidance and an optional application form are available on our
website: [3]www.met.police.uk, click Request > Information: about the
police, about yourself or someone else > myself > my own personal
Interest. You can also request the ROA application form from any MPS
Police Station. This process may take up to 30 calendar days from the date
we receive the additional information.
If the requested information relates to a third party, for court purposes,
or if you already obtained a Court Order for the information, please get
back in touch and we will advise you how you may be able to request the
information.
Please note that this notice does not confirm nor deny that the MPS hold
the information that you have requested.
Yours sincerely,
Deniz Dogan
Information Rights Unit
LEGAL ANNEX
Section 17(1) 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 of
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 that fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.
Section 40(5A)&(5B)(a)(i) of the Act provides:
(5A) 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 subsection (1).
(5B) The duty to confirm or deny does not arise in relation to other
information if or to the extent that any of the following applies—
(a) giving a member of the public the confirmation or denial that would
have to be given to comply with section 1(1)(a)—
(i) would (apart from this Act) contravene any of the data protection
principles
MP02/22 OFFICIAL SENSITIVE
When responding, please ensure you reply
to [4][email address] only.
Kind regards,
Data Office - Triage Team
Information Rights Unit
Metropolitan Police Service
PO Box 313, Sidcup, DA15 0HH
📧 [5][email address]
NOTICE - This email and any attachments are solely for the intended
recipient and may be confidential. If you have received this email in
error, please notify the sender and delete it from your system. Do not
use, copy or disclose the information contained in this email or in any
attachment without the permission of the sender. Metropolitan Police
Service (MPS) communication systems are monitored to the extent permitted
by law and any email and/or attachments may be read by monitoring staff.
Only specified personnel are authorised to conclude binding agreements on
behalf of the MPS by email and no responsibility is accepted for
unauthorised agreements reached with other personnel. While reasonable
precautions have been taken to ensure no viruses are present in this
email, its security and that of any attachments cannot be guaranteed.
References
Visible links
1. mailto:[The Met request email]
2. http://www.met.police.uk/
3. https://www.met.police.uk/rqo/request/ri...
4. mailto:[email address]
mailto:[email address]
5. mailto:[email address]
mailto:[email address]
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