Speed Trap Calibration

Bruce made this Freedom of Information request to Merseyside Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Merseyside Police.

Dear Merseyside Police,

Could you please provide me with a complete copy of all calibration certificates issued for any laser speed detection equipment that has been used within the past 2 months.

Also, could you please provide me with a list of the police officer ID numbers that have used the devices over the past 2 months. Stating the officer ID number and serial number of the laser speed detection equipment used.

Yours faithfully,

Bruce

Merseyside Police

Dear Applicant,

I write in connection with your application for information which was
received by Merseyside Police on 14/03/2011. I note that you seek access to
the following information:

(Paraphrased) Speed detection devices and associated matters split between
three seperate applications number as below:

DJAN-8EXDWR - Location of speed detection sites,
DJAN-8EXE5N - Calibration certificates for laser devices used in the last
two months and associated matters,
DJAN-8EXE96 - Calibration certificates for laser devices used between
09/09/2010 & 111/09/2010 and associated matters.

This is to inform you that based on the details you have provided, in
relation to identify of the application, the identity is not compliant with
Section 8(1)(b), Freedom of Information Act, 2000 and on the advice of the
Information Commissioner can not therefore be accepted. To enable
Merseyside Police to meet your requests could you please provide this
office with further information. I provide some guidance that may assist
you more clearly to describe the information required, where the extracted
data is from the Information Commissioners published guidance and is
available in full on the ICO website.

Please provide your name to meet the Information Commissioner's Guidance as
shown below.

"Therefore, we are of the view that it was the intention of the legislation
that an applicant should provide their real name so that the request can be
processed in accordance with the requirements of the FOIA.

What constitutes a real name?
We consider that a relatively informal approach is also appropriate in this
context. Therefore, title and/or first name with surname satisfies the
requirement for provision of a real name, as does the use by a female
applicant of her maiden name. The prime consideration is whether enough of
a person’s full name has been provided to give a reasonable indication of
that person’s identity.

Example:
Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of the FOIA by
stating his name in a request for information as “Arthur Roberts”, “A. T.
Roberts”, or “Mr Roberts”, but not by stating his name as “Arthur” or
“A.T.R.” "

After receiving your reply, your requests will then be considered and you
will receive the information requested within the statutory time scale of
20 working days as defined by the Freedom of Information Act 2000, subject
to the information not being exempt or containing reference to a third
party.

It will be sufficient to send one e-mailed reply quoting the three
application reference numbers. You will receive further receipts when the
applications have been accepted for processing.

However, if the requested information has not been received by one month
after the above date, I will consider that you no longer wish to proceed
with this request and it will be treated as withdrawn.

There may be a fee payable for the retrieval, collection and provision of
the information you request. If this is the case you will be informed and
the 20 working day time scale will be suspended until we receive the
payment from you. If you chose not to make a payment then your request will
remain unanswered.

Yours faithfully,

D Jackson
Disclosure Analyst
Merseyside Police
Information Bureau
Disclosure Unit
PO BOX 59
LIVERPOOL
L69 1JD

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Dear D Jackson,

Thank you for your quick reply to my initial request, and thank you for your advice.

With relation to :-
DJAN-8EXDWR - Location of speed detection sites,
DJAN-8EXE5N - Calibration certificates for laser devices used in the last
two months and associated matters,
DJAN-8EXE96 - Calibration certificates for laser devices used between
09/09/2010 & 111/09/2010 and associated matters.

I provide the requested information.

Yours faithfully,

Mr. Bruce Stark

Merseyside Police

1 Attachment

Your Ref: request-64662-20c96090 & request-64690-7662d3a8

Our Ref: DJAN- 8EXE5N & DJAN - 8EXE96

Dear Mr. Stark,

I write in connection with your request for information, received by
Merseyside Police on 14th March 2011, concerning:

(summary of request) Speed detection devices and the use of those devices
on particular occasions and the identify of the staff concerned.

The public interest in providing a response to you is currently under
consideration.

The FOI Act obliges the Force to respond to requests promptly and in any
case no later than 20 working days after receiving your request. The
decision maker must consider firstly whether the Force can comply with
section 1(1)(a) of the Act, which is our duty to confirm whether or not the
information requested is held and secondly we must comply with section 1
(1)(b), which is the provision of such information. However, when a
qualified exemption applies either to the confirmation or denial that
information is held or the disclosure of information, the public interest
is engaged. The Act then allows the time for response to be longer than 20
working days, if the balance of such public interest is undetermined.

In this case the decision maker has not yet reached a decision on where the
balance of the public interest lies in respect of the above obligations.
It is estimated that is will take an extra 10 working days to take a
decision on where this balance lies. Therefore the Force plans to let you
have a response by 28th April 2011. If it appears that it will take longer
than this to reach a conclusion, you will be kept informed.

The specific exemption(s) which apply in relation to your request is/are;

Section 40, the personal data exemption and
Section 30, investigations and proceedings conducted by a public authority.

The fact that the above exemption provisions have been identified does not
mean that following completion of the public interest test the information
will necessary be considered as exempt from disclosure.

The public interest test is currently taking place. Therefore, this email
acts as a refusal notice as required, under Section 17* in that it informs
you that it;

confirms that a response will not be provided within 20 working days,
provides the exemptions presently under consideration and
states (if that would otherwise be apparent) why the exemptions may
apply following public interest considerations.

*(non-provision of a response within the 20 working days as prescribed by
the Act constitutes a refusal).

As stated above it is the intention of the Force to provide you with a
respond to your application by the date stated.

Complaint information (See attached file: Complaint Notice.doc)

I apologise for any inconvenience caused.

Yours faithfully

D Jackson
Disclosure Analyst
Information Bureau
Merseyside Police
PO BOX 59
LIVERPOOL L69 1JD
Fax: 0151 777 7095
E-mail: [Merseyside Police request email]
============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

Merseyside Police

2 Attachments

Your Ref: request-64662-20c96090 & request-64690-7662d3a8

Response - FOIA Application - DJAN- 8EXE5N & DJAN 8EXE96 (please quote in
all correspondence)

I write in connection with your request for information to Merseyside
Police, dated, 10th March 2010, which was suspended for clarification. I
note that you seek access to the following information:

(paraphrased) : Information in relation to calibration certificates for
speed detection devices on specified dates and personal data of operators.

Following receipt for your request searches were conducted within the
Merseyside Police to locate information relevant to your request. I can
confirm that the information that you requested is held by Merseyside
Police.

Extent of searches to locate information.

To locate the information relevant to your request, searches were conducted
in the Information Bureau, Corporate Criminal Justice Department,
Operational Support Unit and all Basic Command Units.

Result of searches.

The searches located some records relevant to your request.

Decision.

I have today been authorised by the senior decision maker in this case,
Mr. K. Davis, A/Head of Information Bureau, to:

disclose information related to your requests numbered one in full;
and
fully exempt information related to your requests numbered two pursuant to
the provisions of section 12 and 40 Freedom of Information Act 2000;

Your request for information, in relation to application two, has been
considered and the Force is not obliged to supply the information that you
have requested.

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you 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 all the requests above, under the duty in section 16 of the
Act, the duty to be helpful, I have provided information, shown as
additional information which I believe will be of assistance to you.

The above response is applicable in respect of each of the two FOI
applications.

In respect of the request exempt under section 40 of the Act, by virtue of
Section 40(5) the duty to confirm or deny, (a) does not arise in relation
to information which is (or if it were held by the public authority y would
be) exempt information by virtue of subsection (1), and (b) does not arise
in relation to other information if or to the extent that either:- (i) the
giving to a member of the public of the confirmation or denial that would
have to be given to comply with section 1(1)(a) would (apart from this Act)
contravene any of the data protection principles or section 10 data
Protection Act 1998 or would do so if the exemptions in section 33A of the
Act were disregarded, or (ii) by virtue of any provision of Part IV of the
Data Protection Act 1998 the information is exempt form section 7(1)(a) of
that Act (subject access provisions).

Please find attached information relating to your request in the schedule
below.

Making a complaint or an appeal

Your attention is drawn to the sheet attached below which details your
rights of complaint.

Should you have any further inquiries concerning this matter, please write
or e-mail me, on the below address, quoting the reference number above.

Yours faithfully

D Jackson
Disclosure Analyst
Merseyside Police
Information Bureau
Information Access Unit
PO BOX 59
LIVERPOOL L69 1JD
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]

Schedule(s) of disclosed information:

(See attached file: Response Table DJ 023-11 (DJAN-8EXE5N).doc)
(See attached file: Response Table DJ 024-11 (DJAN-8EXE96).doc)

The two pdf. attachments containing the calibration certificates have been
found to be too large for transmission by the Force e-mail system. Please
provide alternative instructions for the transmission of this information
to you, or the umbrella organisation you are using for contact?

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