Dear Essex Police,

Please can you tell me the name of PS 3446 of Essex Police?

Thank you.

Yours faithfully,

Will Scott

Info Rights Freedom Essex, Essex Police

1 Attachment

Thank you for your enquiry which has been logged under the above
reference.

 

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at Section
1(1)(a) is to confirm or deny whether the information specified in a
request is held.  The second duty at Section 1(1)(b) is to disclose
information that has been confirmed as being held.  Where exemptions are
relied upon Section 17 of FOIA requires that we provide the applicant with
a notice which: a) states that fact b) specifies the exemption(s) in
question and c) states (if that would not otherwise be apparent) why the
exemption applies.

 

In respect of your enquiry:

 

Please can you tell me the name of PS 3446 of Essex Police?

 

Having completed enquiries within Essex Police, no information will be
provided by virtue of the following exemption:

 

Section 40(2) Personal Information

 

S40 Personal Information

Information disclosed under FOI is effectively released to the wider world
or into the public domain. Consequently, in cases where the public request
information related to individuals, it would be very rare for a Police
Force to release such information under the terms of the FOI Act. Third
parties would not expect that their personal data would be disclosed in
response to a request under the FOI Act and so disclosure would breach the
first data protection principle of the Data Protection Act 2018, which
relates to fair processing. Disclosure of personal data would only be
provided if to do so would be fair, lawful and meet one of the conditions
in Schedule 2 of the DPA (and in the case of sensitive personal data, a
condition in Schedule 3). Fair involves considering whether information is
sensitive personal data, the possible consequences of disclosure on the
individual(s) concerned, and the reasonable expectation of the individual
taking into account their expectations both at the time the information
was collected, if the information has been or remains in the public
domain, and the principles of transparency and accountability and if there
is a legitimate interest in the public or requester having access to the
information. 

 

Personal data shall be processed fairly and lawfully and, in particular,
shall not be processed unless—

(a)at least one of the conditions in Schedule 2 is met, and

(b)in the case of sensitive personal data, at least one of the conditions
in Schedule 3 is also met.

 

There are no conditions under schedule 2 or 3 of the DPA that could
legitimise the disclosure of such information in response to a request
under the Freedom of Information Act 2000 (FOI) and this engages the
exemption at Section 40 of the FOI legislation, which concerns personal
information. 

 

Thank you for your interest in Essex Police and we are sorry that we have
not been able to provide the information you have requested on this
occasion. 

 

If you do require further information a new request will need to be
submitted and the request will be dealt with accordingly.

 

Kind regards,

 

Information Rights Team

Information Management Department

Information Rights Section

E-Mail: [1][Essex Police request email]

 

[2]cid:image001.png@01D3E908.EC4D1080

 

Please note, if you require further information or wish to resubmit a
request please refer to the information found on the Commissioner’s
website regarding submission of effective requests
[3]https://www.ico.org.uk/for_the_public/of...

 

Your right to complain

 

If you feel your request has not been properly handled, or you are
otherwise dissatisfied with the outcome of your request you have the right
to complain.

 

Complaints should be submitted within 20 working days from the date of
this response and should be addressed to the Senior Information Officer at
the above address or by email to:  [4][Essex Police request email]

 

We will conduct a review to investigate your complaint and endeavour to
reply within 20 working days.

 

Please explain which aspect of the reply you are not satisfied with, and
if your complaint concerns the decision to apply an exemption it would
assist the review if you would outline why you believe the exemption does
not apply.

           

If you are still dissatisfied following our review, you have the right
under Section 50 of the Act to complain directly to the Information
Commissioner. Before considering your complaint, the Information
Commissioner would normally expect you to have exhausted the complaints
procedures provided by Essex Police

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or via [5]https://ico.org.uk/

 

 

 

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