Dear Home Office,

I request to be released the guidance which has been issued by the home office to forces / officers in relation to the powers they can use in relation to Section 58A of the Terrorism Act 2000.

I am aware that this makes it an offence to photograph a police officer if the images are considered "likely to be useful" to a terrorist.

I am aware that this section does not apply to normal policing activities. I do however wish to understand how the Home Office instruct officers in relation to this act.

The guidance i request is any legal advice issued to UKBA / UKBF / Police officers / Other Home Office employees and their ability to prevent people photographing them.

Yours faithfully,

Wayne Pearsall

FOI Requests, Home Office

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Dear FOI Requests,

RE My Request today (172341) I actually believe a lot of information may be held in Home Office Circular HOC 12/2009. But this is not the only document that I am requesting.

Yours sincerely,

Wayne Pearsall

FOI Requests, Home Office

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Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Section 58A of the Terrorism Act 2000'.

My ref: 172341

You have not replied in the legislative 20 working days.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Wayne Pearsall

FOI Requests, Home Office

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OSCTFOI, Home Office

1 Attachment

NOT PROTECTIVELY MARKED

Dear Mr Pearsall,

 

Please find the attached correspondence regarding your request for
information.

 

Yours sincerely

J Fanshaw

 

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Section 58A of the Terrorism Act 2000'. 28490

Despite sending me the response today extending your time, you still fail under your duty to inform me within the legislative 20 working days...

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Wayne Pearsall

FOI Requests, Home Office

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

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Communications via the GSi may be automatically logged, monitored and/or
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FOI Requests, Home Office

Mr Pearsall,

Thank you for contacting the Home Office. In regards to your requests for a Time complaint and Internal Review for case 28490, we are informing you that we will not be carrying out an internal review/time complaint as we have now legally extended the deadline for this case under a PIT extension in accordance with Section 10 of the Freedom of Information Act.

Thank you

FOI TEAM
Information Services Centre
2 Marsham Street
London
SW1P 4DF

E - [Home Office request email]

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Dear FOI Requests,

RE: 28490

There is a provision in the Act, at section 10(3), which allows the 20 working day time limit to be extended to a ‘reasonable’ time, where the authority is required to apply the public interest test, because one of the ‘qualified’ exemptions applies.

However, the authority must inform the applicant in its Refusal Notice if it needs more time to consider the public interest in disclosure*
and must give an estimate of the date by which it expects to make its decision. [FOI Act, s10(3)]
http://www.ico.org.uk/for_organisations/...

This means that you were legally obligated to issue a refusal notice within the 20 working days, and then consider the public interest and release the information within a reasonable time.

This clearly shows that you failed on your obligation to act in accordance with Section 10 of the FOI.

Infact 10(3):
"(3)If, and to the extent that— .
(a)section 1(1)(a) would not apply if the condition in section 2(1)(b) were satisfied, or .
(b)section 1(1)(b) would not apply if the condition in section 2(2)(b) were satisfied, .
the public authority need not comply with section 1(1)(a) or (b) until such time as is reasonable in the circumstances; *but this subsection does not affect the time by which any notice under section 17(1) must be given.*
http://www.legislation.gov.uk/ukpga/2000...

Therefore, it appears clear that you are obligated by your own proceedural requirements to actually conduct an Internal Review Time Complaint.

Yours sincerely,

Wayne Pearsall

FOI Requests, Home Office

Thank you for contacting the FOI Requests mailbox.

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We aim to provide a response to all FOI requests within 20 working days.

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Thank you.

 

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Communications via the GSi may be automatically logged, monitored and/or
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OSCTFOI, Home Office

1 Attachment

NOT PROTECTIVELY MARKED

Dear Mr Pearsall,

 

Please find attached our response to your request for information.

 

Kind regards

J Fanshaw

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear OSCTFOI,

you linked me to http://www.bsia.co.uk/web_images/Securit...

in response to 28490, can you please provide a link that is correct.

Yours sincerely,

Wayne Pearsall

OSCTFOI, Home Office

NOT PROTECTIVELY MARKED
Dear Mr Pearsall,

Apologies for the inconvenience, please find the correct link below.

http://www.bsia.co.uk/web_images//public...

Yours sincerely
J Fanshaw

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