Search of mobile phones
Dear Kent Police,
I recently noticed that in some photography guidance posted on your website it is stated that s.43 Terrorism Act 2000 allows officers to search a persons mobile phone as part of the stop and search powers within that part of the Act. This is however far from clear as s.43 makes no express reference to such and of course this legislation pre-dates the mass use of smartphones and the wealth of personal data that can be stored on them, therefore this interpretation seems to rely on the broad drafting of s.43. Further to this can you please provide copies of the following:
1) Any internal correspondence, memos and advice which was generated as part of the process of settling the above policy, this should include in particular any analysis or advice on the possible impacts of this policy on the privacy and due process rights of the person being searched as well as third parties who might have personal data stored on mobile phones;
2) Any subsequent reviews and updates to this policy, again in particular this should include any information which was concerned with the impacts on the person being searched;
3) Any correspondence with the Home Office, College of Policing and other UK police forces on this particular policy, again in particular anything which discusses concerns as to the impacts of the policy on the person being searched;
4) Details of any complaints that have been raised in the last 24 months as to the implementation and use of this policy.
Yours faithfully,
S. James
Thank you for your email which has been received by Kent Police’s Public
Disclosure Team - Freedom of Information Section.
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Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...
Dear S. James,
FREEDOM OF INFORMATION REQUEST FOI/00279/22
Thank you for your request received by Kent Police on 21^st February 2022,
I note you seek access, in summary, to information relating to:
Search of mobile phones
The Freedom of Information Act 2000 (FOIA) provides that a public
authority respond to an FOI request within 20 working days. Although every
effort will be made to ensure a response is provided within statutory
deadlines, some delays may be unavoidable. We apologise for any
inconvenience and will endeavour to process your request as quickly as is
practicable.
Your interest in Kent Police is appreciated and pending a specific
response to your request, I enclose a sheet, which summarises your rights.
Should you have any further inquiries concerning this matter, please write
or contact us via the following telephone number 01622 652610 quoting the
reference number above.
Yours sincerely,
Mark Crittenden
Senior Public Disclosure Officer
Freedom of Information
[1][Kent Police request email]
Kent Police Public Disclosure Team
Information Management
Coldharbour, London Road,
Aylesford, Kent, ME20 7SL
This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...
References
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1. mailto:[Kent Police request email]
Dear S. James,
To avoid confusion when drafting a response, please can you provide a link
to the photography guidance to which you refer in this request?
The request will be placed on hold until we hear from you.
Yours sincerely,
Alan Muggridge (he/him)
Public Disclosure Officer
Information Management
Kent Police
From: Freedom of Information Kent <[Kent Police request email]>
Sent: 22 February 2022 14:52
To: S. James <[FOI #835375 email]>
Subject: Kent Police: Freedom of Information Request FOI/00279/22
Dear S. James,
FREEDOM OF INFORMATION REQUEST FOI/00279/22
Thank you for your request received by Kent Police on 21^st February 2022,
I note you seek access, in summary, to information relating to:
Search of mobile phones
The Freedom of Information Act 2000 (FOIA) provides that a public
authority respond to an FOI request within 20 working days. Although every
effort will be made to ensure a response is provided within statutory
deadlines, some delays may be unavoidable. We apologise for any
inconvenience and will endeavour to process your request as quickly as is
practicable.
Your interest in Kent Police is appreciated and pending a specific
response to your request, I enclose a sheet, which summarises your rights.
Should you have any further inquiries concerning this matter, please write
or contact us via the following telephone number 01622 652610 quoting the
reference number above.
Yours sincerely,
Mark Crittenden
Senior Public Disclosure Officer
Freedom of Information
[1][Kent Police request email]
Kent Police Public Disclosure Team
Information Management
Coldharbour, London Road,
Aylesford, Kent, ME20 7SL
This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...
References
Visible links
1. mailto:[Kent Police request email]
Dear Mr Muggridge,
Thank you for your further reply to my FOI request.
Addressing your particular query (which as an aside was an admirable delaying / obstruction tactic, bravo), the guidance on your own website can be found here:
https://www.kent.police.uk/advice/advice...
I look forward to your further response as swiftly as possible.
Regards,
Simon.
Yours sincerely,
S. James
Dear Freedom of Information Kent,
Further to your last correspondence of 28 February 2022 - which I responded to on 1 March - can you please let me know when you will be providing a substantive response to the original FoI request.
I note that you have now greatly exceeded the statutory time limits for responding to this FoI request. Unless I receive a prompt and full reply from you I will no choice but to refer the matter to the ICO.
Yours sincerely,
S. James
Dear S. James,
We apologise that we have not yet responded to your request but please be
assured that we are working on providing a response to your request as
soon as possible.
We are aware that any response will now exceed the statutory time limit
for responding, however we are processing a significant increase in the
volume of requests made under the FOIA and as a consequence there have
been delays.
If you would like to make a complaint then you may do so by contacting the
Information Commissioner’s Office (ICO), via [1]https://ico.org.uk/
Kind regards,
Freedom of Information Team
Kent Police
This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...
References
Visible links
1. https://ico.org.uk/
Dear S.JAMES,
With reference to the Freedom of Information request that we received from
you on 21/02/22 please find attached the response letter and Appendix.
Should you have any queries relating to this then please do not hesitate
to contact us.
Yours sincerely,
Freedom of Information
[1][Kent Police request email]
Information Management
Coldharbour, London Road,
Aylesford, Kent, ME20 7SL
[2]DATASafe - Header
Unless otherwise marked, this correspondence and any attachments should be
treated as OFFICIAL and handled appropriately.
This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...
References
Visible links
1. mailto:[Kent Police request email]
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