Terms of Reference: Operation Tuleta/Operation Elveden

P. John made this Freedom of Information request to Metropolitan Police Service (MPS)

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 partially successful.

Dear Metropolitan Police Service (MPS),

I understand that 'Operation Tuleta' is an MPS investigation into claims that private investigators illegally targeted emails and computer files of celebrities, politicians, and British Army Officers (*).

I understand that Operation Elveden is an MPS investigation into allegations of inappropriate payments to police, supervised by the IPCC (**).

Please will you disclose the terms of reference/remit of
Operation Tuleta, and Operation Elveden.

Please will you also disclose for each of both cases;
- the present status,
- the number of officers investigating,
- the number of officers under suspicion of offences,
- the number of arrests,
- the number of convictions
- any press statements

These cases are related to the NoTW hacking/corruption scandal, and Operation Weeting (for which you have an outstanding and overdue request concerning the ToR/remit***).

To repeat it is emphatically in the public interest that you disclose openly the terms of reference/remit of these investigations.

Particularly so given the extraordinary level of Police corruption that is apparent in these two cases, and was openly acknowledged following the failure of the murder investigation into the death of Daniel Morgan.

Daniel Morgan was a business partner of Jonathan Rees. Assistant Commissioner Tim Godwin said "The MPS has accepted that police corruption in the original investigation was a significant factor in this failure."

I would like to assure myself that Police corruption is not a 'significant factor' in Operations Elveden, Tuleta, or Weeting.

Yours faithfully,

P John

(*) http://www.thisislondon.co.uk/standard/a...
(**) http://content.met.police.uk/News/Three-...
(***) http://www.whatdotheyknow.com/request/te...

Metropolitan Police Service (MPS)

Dear P John

Freedom of Information Request Reference No: 2011070002354
I respond in connection with your request for information dated 14/07/2011
which was received by the Metropolitan Police Service (MPS) on 14/07/2011.
I note you seek access to the following information:

I understand that 'Operation Tuleta' is an MPS investigation into claims
that private investigators illegally targeted emails and computer files of
celebrities, politicians, and British Army Officers.

I understand that Operation Elveden is an MPS investigation into
allegations of inappropriate payments to police, supervised by the IPCC.

Please will you disclose the terms of reference/remit of Operation Tuleta,
and Operation Elveden.

Please will you also disclose for each of both cases;
- the present status,
- the number of officers investigating,
- the number of officers under suspicion of offences,
- the number of arrests,
- the number of convictions
- any press statements

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please
contact me on telephone number 020 7230 4019 quoting our reference number.

Yours sincerely

Peter Royan-Posse
Case Investigation Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Metropolitan Police Service (MPS)

Dear P. John,

Freedom of Information Request Reference No: 2011070002354

I respond in connection with your request for information dated 14th July
2011 which was received by the Metropolitan Police Service (MPS) on the
same date. I note you seek access to the following information:

I understand that 'Operation Tuleta' is an MPS investigation into claims
that private investigators illegally targeted emails and computer files of
celebrities, politicians, and British Army Officers.

I understand that Operation Elveden is an MPS investigation into
allegations of inappropriate payments to police, supervised by the IPCC.

Please will you disclose the terms of reference/remit of Operation Tuleta,
and Operation Elveden.

Please will you also disclose for each of both cases;
- the present status,
- the number of officers investigating,
- the number of officers under suspicion of offences,
- the number of arrests,
- the number of convictions
- any press statements

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.

Section 17(2) of the Act provides:

2) Where-
a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated, as we are
currently considering whether 'qualified exemptions' apply to the
information you have requested. As a result we will not be able to respond
within 20 working days.

For your information we are considering the following exemption:

Section 30 - Investigations and proceedings conducted by public
authorities

I can now advise you that the amended date for a response is 9th
September 2011.

May I apologise for any inconvenience caused.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 020 7230 2372 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

James Young
SCD Information Manager
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Metropolitan Police Service (MPS)

Dear P. John,

Freedom of Information Request Reference No: 2011070002354

I respond in connection with your request for information dated 14th July
2011 which was received by the Metropolitan Police Service (MPS) on the
same date. I note you seek access to the following information:

I understand that 'Operation Tuleta' is an MPS investigation into claims
that private investigators illegally targeted emails and computer files of
celebrities, politicians, and British Army Officers.

I understand that Operation Elveden is an MPS investigation into
allegations of inappropriate payments to police, supervised by the IPCC.

Please will you disclose the terms of reference/remit of Operation Tuleta,
and Operation Elveden.

Please will you also disclose for each of both cases;
- the present status,
- the number of officers investigating,
- the number of officers under suspicion of offences,
- the number of arrests,
- the number of convictions
- any press statements

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.

Section 17(2) of the Act provides:
2) Where-
a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated, as we are
currently considering whether 'qualified exemptions' apply to the
information you have requested. As a result we will not be able to respond
within 20 working days.

For your information we are considering the following exemption:

Section 30 - Investigations and proceedings conducted by public
authorities

I can now advise you that the amended date for a response is 07/10/2011

I apologise for any inconvenience this may cause.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 020 7230 4019 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Peter Royan-Posse
Case Investigation Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again ***

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system. To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law. Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents. The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Metropolitan Police Service (MPS)

Dear P. John,

Freedom of Information Request Reference No: 2011070002354

I respond in connection with your request for information dated 14th July
2011 which was received by the Metropolitan Police Service (MPS) on the
same date.  I note you seek access to the following information:

I understand that 'Operation Tuleta' is an MPS investigation into claims
that private investigators illegally targeted emails and computer files of
celebrities, politicians, and British Army Officers.
   
I understand that Operation Elveden is an MPS investigation into
allegations of inappropriate payments to police, supervised by the IPCC.
   
Please will you disclose the terms of reference/remit of Operation Tuleta,
and Operation Elveden.
   
Please will you also disclose for each of both cases;
- the present status,
- the number of officers investigating,
- the number of officers under suspicion of offences,
- the number of arrests,
- the number of convictions
- any press statements    

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.

Section 17(2) of the Act provides:
2) Where-
a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated, as we are
currently considering whether 'qualified exemptions' apply to the
information you have requested. As a result we will not be able to respond
within 20 working days.

For your information we are considering the following exemption:

Section 30 - Investigations and proceedings conducted by public
authorities

I can now advise you that the amended date for a response is 02/11/2011

I apologise for any inconvenience this may cause.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 020 7230 4019 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Peter Royan-Posse
Case Investigation Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

 

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Dear Metropolitan Police Service (MPS),

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

I am writing to request an internal review of Metropolitan Police Service (MPS)'s handling of my FOI request 'Terms of Reference: Operation Tuleta/Operation Elveden'.

The response to this request has now been deferred three times, and is long overdue the limit of 20 working days defined by the Freedom of Information Act.

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

Yours faithfully,

P. John

P. John left an annotation ()

I wonder if Rupert Murdoch's journalists suffer the same Met Police contempt for the FoIA?

Or whether the information New Int journalists demand is handed over without a moment's hesitation?

Dear Metropolitan Police Service (MPS),

concerning my FoI request "Terms of Reference: Operation Tuleta/Operation Elveden", please could you acknowledge my request dated 6 October for an internal review.

Otherwise, a complaint to the Information Commissioner will follow.

A full history of my FOI request and all correspondence is
available on the Internet at this address:

http://www.whatdotheyknow.com/request/te...

Yours faithfully,

P. John

Metropolitan Police Service (MPS)

Dear Mr John,

We can confirm that we have received your request for an internal
review, which is being dealt with under reference 2011100001038.

You will receive an official acknowledgement shortly.

Kind regards,

S. Stroud
FOIA Quality and Assurance Advisor

show quoted sections

Metropolitan Police Service (MPS)

Dear  Mr John

Freedom of Information Request Reference No: 2011100001038

I write in connection with your letter dated 5 October 2011 requesting
that the Metropolitan Police Service (MPS) review its response  to your
request for information relating to:

* Original FOI case number 2011070002354.

The review will be conducted in accordance with the MPS complaints
procedure. The MPS endeavour to respond to your complaint by 2 November
2011.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Thank you for your interest in the MPS.

Yours sincerely

S. Strong
FOIA Complaints Officer

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Metropolitan Police Service (MPS)

Dear  Mr John
Apologies for the incorrect dealine provided to you. Please see the
amended deadline below.
Freedom of Information Request Reference No: 2011100001038
I write in connection with your letter dated 6 October 2011 requesting
that the Metropolitan Police Service (MPS) review its response  to your
request for information relating to:

* Original FOI case number 2011070002354.

The review will be conducted in accordance with the MPS complaints
procedure. The MPS endeavour to respond to your complaint by 3 November
2011.
Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.
Thank you for your interest in the MPS.
Yours sincerely

S. Strong
FOIA Complaints Officer
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require the Metropolitan Police Service (MPS) to
review their decision.
Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  
Ask to have the decision looked at again –
The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.
That person will be able to discuss the decision, explain any issues and
assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.
Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:
FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]
In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner
After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Metropolitan Police Service (MPS)

Dear  P. John

Freedom of Information Request Reference No: 2011100001038

Further to our letter of 17th October 2011, I am now able to provide a
full response to your procedural complaint dated 6th October 2011
concerning:

Initial Request for Information (14 July 2011)

I understand that 'Operation Tuleta' is an MPS investigation into claims
that private investigators illegally targeted emails and computer files of
celebrities, politicians, and British Army Officers (*).

I understand that Operation Elveden is an MPS investigation into
allegations of inappropriate payments to police, supervised by the IPCC
(**).

Please will you disclose the terms of reference/remit of Operation Tuleta,
and Operation Elveden.

Please will you also disclose for each of both cases;
- the present status,
- the number of officers investigating,
- the number of officers under suspicion of offences,
- the number of arrests,
- the number of convictions
- any press statements

These cases are related to the NoTW hacking/corruption scandal, and
Operation Weeting (for which you have an outstanding and overdue request
concerning the ToR/remit***).

To repeat it is emphatically in the public interest that you disclose
openly the terms of reference/remit of these investigations. Particularly
so given the extraordinary level of Police corruption that is apparent in
these two cases, and was openly acknowledged
following the failure of the murder investigation into the death of Daniel
Morgan.

Daniel Morgan was a business partner of Jonathan Rees. Assistant
Commissioner Tim Godwin said "The MPS has accepted that police corruption
in the original investigation was a significant factor in this failure."

I would like to assure myself that Police corruption is not a 'significant
factor' in Operations Elveden, Tuleta, or Weeting.

Procedural Complaint (6 October 2011)

I am writing to request an internal review of Metropolitan Police Service
(MPS)'s handling of my FOI request 'Terms of Reference: Operation
Tuleta/Operation Elveden'.

The response to this request has now been deferred three times, and is
long overdue the limit of 20 working days defined by the Freedom of
Information Act.

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

DECISION

In accordance with The Code of Practice (Freedom Of Information Act 2000,
section 45), I would like to advise you that this complaint process
provides a fair and thorough review of handling issues and of decisions
taken in pursuant to the Act, including decisions taken about where the
public interest lies in respect of exempt information.

The Metropolitan Police Service (MPS) has completed its review and has
decided that there has been a breach of best practice under the Freedom of
Information Act 2000 in relation to your request.

Please see the legal annex for the sections of the Act that are referred
to in this letter

REASON FOR DECISION    

Section 1 of the FOIA provides:

"(1) Any person making a request for information to a public authority is
entitled -
(a) to be informed in writing by the public authority whether it holds the
information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him."

Section 10(1) of the FOIA provides:

"…a public authority must comply with section 1(1) promptly and in any
event not later than the twentieth working day following the date of
receipt."
Therefore, a public authority must inform the applicant in writing whether
it holds the information requested and if so, communicate that information
to the applicant, promptly, but not later than 20 working days after
receipt of the request. Similarly, when a request for information is being
refused, ICO guidance also states that the public authority must issue a
refusal notice to the requester within 20 working days following the date
of receipt of the request.

The statutory time for compliance

The review takes note of your comment '[The response] ... is long overdue
the limit of 20 working days defined by the Freedom of Information Act.'

The Information Commissioner Office (ICO) provides guidance on the
statutory time for compliance and states 'The date for statutory
compliance is usually 20 working days after the date of the request.  In
addition under s10(3) a public authority may extend the time for
compliance where it is necessary to do so in order to properly consider
the public interest in maintaining an exemption. In such cases the public
authority is still required to cite and explain the exemption claimed
within the 20 working days. The extension to the time limit in s.10(3)
applies only where it is necessary in order to consider the application of
the public interest test, i.e. where a qualified exemption is engaged.'

Your request for information was received on the 14th July 2011 and
therefore a response was required to be sent by the 11th August 2011.  The
MPS issued a refusal notice under Section 17 of FoIA on the 11th August
2011, the 20th working day. The notice advised that the MPS had not been
able to complete its response to your request as it was considering
whether qualified exemptions applied to the information being requested.
 The refusal notice stated the MPS were considering Section 30 -
Investigations and proceedings conducted by public authorities, which is a
qualified exemption under FoIA.  The notice also provided you with an
amended date for a response as 9th September 2011.

The review has found that on the 9th September 2011, the 40th working day,
a second refusal notice was issued under Section 17 of FoIA stating the
MPS had not been able to complete the response and that it was still
considering a qualified exemption under Section 30 of FoIA.  The MPS
apologised for the inconvenience this may cause and provided an amended
date for a response as 7th October 2011.

However, the review takes note on the 5th October 2011, the 58th working
day, a third refusal notice was issued under Section 17 of FoIA stating
the MPS had still not been able to complete its response and that it was
still considering the qualified exemption under Section 30 of FoIA.  In
this refusal notice an amended date for a response was provided as 2nd
November 2011, which represents the 78th working day.

The review is guided by Association of Chief Police Officers (ACPO) manual
of guidance on time for compliance which states in regards to the Public
Interest Test (PIT) extension 'where a qualified exemption is being
applied, the public authority may 'stop the clock' and extend the deadline
for consideration of public interest factors for a time which is
reasonable in the circumstances.  The FOIA does not define the word
'reasonable', but it is the ICO view that it is not acceptable for a
public authority to take, as a matter of course, several weeks to assess
the public interest considerations.'  The ACPO guidance further states 'In
cases where the public interest considerations are exceptionally complex,
it may be reasonable to take longer but , in no case should the total time
exceed 40 working days.

The review further take note your comment 'The response to this request
has now been deferred three times...'.  In this respect the review refers
to the ICO guidance which states 'Moreover, the extension can only be for
as long as is reasonable in all the circumstances. The Commissioner's Good
Practice Guidance 4 indicates that in no case should this be more than an
additional 20 working days, i.e. 40 working days in total. Therefore where
a public authority takes longer than 40 working days to comply with a
request it will have breached s10(1) unless the Commissioner is persuaded
that such an extension is reasonable because of exceptional circumstances.
Any extension beyond the additional 20 working days may however raise good
practice issues..'.  The ICO guidance can be found by way of this link
http://www.ico.gov.uk/foikb/PolicyLines/...

As previously mentioned, under s10(3) the MPS may extend the time for
compliance where it is necessary to do so in order to properly consider
the public interest in maintaining an exemption.   Whilst the review is
aware that FOIA does not define the word 'reasonable', it accepts the ICO
view that 'it is not acceptable for a public authority to take, as a
matter of course, several weeks to assess the public interest
considerations.'  

In Conclusion

In light of the comments above I can confirm in this instance the MPS has
breached best practice by exceeding the 40 working days as recommended by
both the ICO and ACPO.  

I would like to take this opportunity to apologise for the delay you have
experienced and for any inconvenience caused by our failure to process
your request promptly.  I hope to reassure you that the MPS take
compliance with the Act very seriously and are working hard to promote
good practice in regard to the processing of requests.  The MPS is
continually striving to ensure statutory deadlines are met and enquiries
are responded to as soon as possible. We are working towards this goal
whilst ensuring the operational policing needs of London are not affected.
 Departments are aware that applicants should be regularly updated in good
time if there is a possibility their request deadline will not be met for
any reason.  The issues you have raised have been recorded and they will
enable us to provide a more efficient and effective service in the future.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me on 0207 161 3605 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Mike Lyng
Quality and Assurance Advisor

LEGAL ANNEX

Section 1 (General right of access to information held by public
authorities) of the Act provides:

(1) Any person making a request for information to a public authority is
entitled-
(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him.

http://www.legislation.gov.uk/ukpga/2000...

Section 10 (Time for compliance with request ) of the Act provides:

(1) Subject to subsections (2) and (3), a public authority must comply
with section 1(1) promptly and in any event not later than the twentieth
working day following the date of receipt.
(2) Where the authority has given a fees notice to the applicant and the
fee is paid in accordance with section 9(2), the working days in the
period beginning with the day on which the fees notice is given to the
applicant and ending with the day on which the fee is received by the
authority are to be disregarded in calculating for the purposes of
subsection (1) the twentieth working day following the date of receipt.
(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.
(4) The Secretary of State may by regulations provide that subsections (1)
and (2) are to have effect as if any reference to the twentieth working
day following the date of receipt were a reference to such other day, not
later than the sixtieth working day following the date of receipt, as may
be specified in, or determined in accordance with, the regulations.
(5) Regulations under subsection (4) may-
(a) prescribe different days in relation to different cases, and
(b) confer a discretion on the Commissioner.
(6) In this section- "the date of receipt" means-
(a) the day on which the public authority receives the request for
information, or
(b) if later, the day on which it receives the information referred to in
section 1(3);
"working day" means any day other than a Saturday, a Sunday, Christmas
Day, Good Friday or a day which is a bank holiday under the [1971 c. 80.]
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

http://www.legislation.gov.uk/ukpga/2000...

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Dear Mr Lyng,

many thanks for your response to my request for internal review - in which you said "I can confirm in this instance the MPS has breached best practice by exceeding the 40 working days as recommended by both the ICO and ACPO".

But I *still* don't have the information I requested from you (approximately 80 working days after my request).

Please will you indicate when you expect to disclose the information I have requested?

Yours faithfully,

P. John

Metropolitan Police Service (MPS)

Dear P. John , thank you for your email. I have advised the relevant officer Mr Royan-Posse of your concerns as the case is still open.

Regards Mike

Mike Lyng | FOIA Quality and Assurance Advisor | Security Standards and Architecture | Directorate of Information | Public Access Office | Metropolitan Police Service
Telephone 020 7161 3605 | Fax 020 7161 3503 | Email [email address]
Address 20th Floor, PO Box 57192, London, SW6 1SF

show quoted sections

Metropolitan Police Service (MPS)

Dear P. John

Freedom of Information Request Reference No: 2011070002354

I respond in connection with your request for information dated 14th July
2011 which was received by the Metropolitan Police Service (MPS) on the
same date.  I note you seek access to the following information:

I understand that 'Operation Tuleta' is an MPS investigation into claims
that private investigators illegally targeted emails and computer files of
celebrities, politicians, and British Army Officers.
   
I understand that Operation Elveden is an MPS investigation into
allegations of inappropriate payments to police, supervised by the IPCC.
   
Please will you disclose the terms of reference/remit of Operation Tuleta,
and Operation Elveden.
   
Please will you also disclose for each of both cases;
- the present status,
- the number of officers investigating,
- the number of officers under suspicion of offences,
- the number of arrests,
- the number of convictions
- any press statements    

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information unless we are considering
whether the information requested is covered by one of the 'qualified
exemptions' (exemptions which must be tested against the public interest
before deciding whether they apply to the information in question).

Where we are considering the public interest test against the application
of relevant qualified exemptions, Section 17(2)(b) provides that we can
extend the 20 day deadline.

Section 17(2) of the Act provides:
2) Where-
a) in relation to any request for information, a public authority is, as
respects any information, relying on a claim-
i) that any provision of Part II which relates to the duty to confirm or
deny and is not specified in section 2(3) is relevant to the request, or
ii) that the information is exempt information only by virtue of a
provision not specified in section 2(3), and
b) at the time when the notice under subsection (1) is given to the
applicant, the public authority (or, in a case falling within section
66(3) or (4), the responsible authority) has not yet reached a decision as
to the application of subsection (1)(b) or (2)(b) of section 2,
the notice under subsection (1) must indicate that no decision as to the
application of that provision has yet been reached and must contain an
estimate of the date by which the authority expects that such a decision
will have been reached.

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated, as we are
currently considering whether 'qualified exemptions' apply to the
information you have requested. As a result we will not be able to respond
within 20 working days.

For your information we are considering the following exemption:

Section 30 - Investigations and proceedings conducted by public
authorities

I can now advise you that the amended date for a response is 30/11/2011

I apologise for any inconvenience this may cause.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 020 7230 4019 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Peter Royan-Posse
Case Investigation Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Metropolitan Police Service (MPS)

4 Attachments

Dear P John

Freedom of Information Request Reference No: 2011070002354

I respond in connection with your request for information dated 14th July
2011 which was received by the Metropolitan Police Service (MPS) on the
same date.  I note you seek access to the following information:

I understand that 'Operation Tuleta' is an MPS investigation into claims
that private investigators illegally targeted emails and computer files of
celebrities, politicians, and British Army Officers.
   
I understand that Operation Elveden is an MPS investigation into
allegations of inappropriate payments to police, supervised by the IPCC.
   
Please will you disclose the terms of reference/remit of Operation Tuleta,
and Operation Elveden.
   
Please will you also disclose for each of both cases;
- the present status,
- the number of officers investigating,
- the number of officers under suspicion of offences,
- the number of arrests,
- the number of convictions
- any press statements    

Following receipt of your request searches were conducted within the MPS
to locate information relevant to your request.

The searches located some information relevant to your request.

DECISION

Before I explain the reasons for the decisions I have made in relation to
your request, I thought that it would be helpful if I outline the
parameters set out by the Freedom of Information Act 2000 (the Act) within
which a request for information can be answered.

The Act creates a statutory right of access to information held by public
authorities. A public authority in receipt of a request must, if
permitted, confirm if the requested information is held by that public
authority and, if so, then communicate that information to the applicant.

The right of access to information is not without exception and is subject
to a number of exemptions which are designed to enable public authorities
to withhold information that is not suitable for release. Importantly, the
Act is designed to place information into the public domain, that is, once
access to information is granted to one person under the Act, it is then
considered public information and must be communicated to any individual
should a request be received.  

I have considered your request for information within the provisions set
out by the Act and can confirm that some of the requested information is
held by the MPS.

This response serves as a Partial Refusal Notice under Section 17 of the
Act.

Please see the legal annex for the sections of the Act that are referred
to in this email.

REASONS FOR DECISION

You have requested for both Operations:
1) the present status,
2) the number of officers investigating,
3) the number of officers under suspicion of offences,
4) the number of arrests,
5) the number of convictions

1) The present status of both operations
The MPS response is:
Elveden & Tuleta are both ongoing operations.

2) The number of officers investigating,  
The MPS response is;
There are currently 29 officers engaged on Operation Elveden and 8
officers engaged on Operation Tuleta.
NB Operation Tuleta is also supplemented by officers from other Operations
dependant on demand.

3) The number of officers under suspicion of offences
The MPS response is:
The MPS neither confirms nor denies that it holds the information you
requested as the duty in Section 1(1)(a) of the Act does not apply by
virtue of the following exemptions:

This is a request for information on active investigations which contains
personal information and is partially exempt under sections 30(3) &
 40(5)(a)(b) of the Act.

Section 30(3) Investigations:
Is engaged as we are unable to confirm or deny that any other information
exists in relation to ongoing investigations.

Section 30 is a class based qualified exemption and consideration must be
given as to whether there is a public interest in neither confirming nor
denying the information exists is the appropriate response.

A public authority can only apply section 30(3) if the requested
information, if it were held, would fall within the scope of the section
30 exemption. If the requested information is held the relevant subsection
would be section 30(1)(a)(i) and (ii).

This concerns information that is held at any time for the purposes of any
investigation which the public authority has a duty to conduct with a view
to it being ascertained whether a person should be charged with an offence
or whether a person charged with an offence is guilty of it.

Public Interest Test

Factors favouring confirmation or denial for S30
Information, if it were held, would be gathered for the purposes of an
investigation.
There is a public interest in the transparency of policing operations and
providing assurance that the MPS is appropriately and effectively dealing
with crime.  
This is particularly pertinent in high profile cases where there is a high
degree of media speculation.

Factors against confirmation or denial for S30
The MPS is charged with enforcing the law, preventing and detecting crime
and protecting the communities we serve.
The MPS will not divulge whether information is or is not held if to do so
would adversely affect these important roles.

Whilst there is a public interest in the transparency of policing
operations and providing assurance that the MPS is appropriately and
effectively dealing with crime, there is a strong public interest in
safeguarding the integrity of police investigations and operations and in
maintaining confidence in the MPS.  

Whilst there is a public interest in knowing that policing enquiries are
appropriate and balanced, there is a considerable public interest in
maintaining the integrity of the investigation process.  
 
It is not in the public interest to disrupt any investigative process by
confirming or denying the information you have requested.

It is for these reasons that the Public Interest must favour neither
confirming nor denying that the requested information is held.

This explanation should not be taken as indicating that the information
you have requested exists or does not exist.

Section 40(5) - Personal Information / Absolute Exemption
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 the Act, any information
disclosed is released into the wider public domain, effectively to the
world, not just to one individual.

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 1998.
When confirming or denying that information is held would breach an
individual's rights under the Data Protection Act 1998,
Section 40(5) of the Act becomes an absolute exemption, and there is no
requirement for me to provide evidence of the prejudice that would occur,
or to conduct a public interest test.

Please note, this notice does not confirm or deny that the MPS holds the
information that you have requested.

4) the number of arrests,
The MPS response is:
As at 30/11/2011
There have been 6 arrests relating to Operation Elveden.
There has been 1 arrest relating to Operation Tuleta.

5) the number of convictions
The MPS response is:
There have currently been no convictions relating to Operation Elveden.
There have currently been no convictions relating to Operation Tuleta.

Please find attached the terms of reference for Operation Tuleta &
Operation Elveden:
Please find attached the MPS press releases relating to Operation Tuleta &
Operation Elveden:

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.  

Should you have any further enquiries concerning this matter, please
contact me on 020 7230 4019 or at the address at the top of this letter,
quoting our reference number.

Yours sincerely

Peter Royan-Posse
Case Investigation Officer

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 30(3) of the Act provides:
(3)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) or (2).

Section 40(5) of the Act provides:
(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 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 of the [1998 c. 29.] Data Protection Act 1998 or would do so if the
exemptions in section 33A(1) of that Act were disregarded, or
(ii) by virtue of any provision of Part IV of the [1998 c. 29.] Data
Protection Act 1998 the information is exempt from section 7(1)(a) of that
Act (data subject's right to be informed whether personal data being
processed).

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Dear Metropolitan Police Service (MPS),

many thanks for your response to my FoI request.

Yours faithfully,

P. John

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