Dear Sir / Madam,

Freedom of Information Request Reference No:2010120002728

I write in connection with your request for information which was received
by Metropolitan Police Service (MPS) on 18/12/2010.

DECISION

I have decided to refuse access to the information you have requested
under the provisions of Section 8 of the Freedom of Information Act 2000
(the Act).

REASON FOR DECISION

Section 8 of the Act provides:

(1) In this Act any reference to a "request for information" is a
reference to such a request which-

(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.

(2) For the purposes of subsection (1)(a), a request is to be
treated as made in writing where the text of the request-

(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.

I am not required to process your request without information that can
later be referred to, as per Section 8 (1)(b). The information we require
is: your full name.

According to ICO guidance:
The use of the phrase "the name of the applicant" in section 8(1)(b)
indicates that the real name of the applicant should be used when
requesting information and not any other name, for example, a pseudonym.
Although one of the underlying principles of the FOIA is that the identity
of the applicant is not taken into account, it can be relevant in certain
circumstances. For example, when:

* a public authority has good reason to believe a requester is using a
pseudonym to shield his/her identity in order to avoid the possibility
of the request being considered as vexatious or repeated;

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.
The definition of "applicant" in section 84 of the FOIA adds weight to
this as the phrase in section 8(1)(b) should be read as " the name of the
person making the request". This also suggests that the use of a false or
fictitious name is not acceptable. Therefore, where a public authority
receives a request from a person using an obvious pseudonym, there is no
obligation to comply with the request; nor would it fall within the
jurisdiction of the Information Commissioner. If a public authority
chooses not to comply with the request it should, in keeping with its duty
under section 16, advise the applicant that the FOIA requires their real
name to be provided.
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."
In the case of a company, it is not necessary to provide the full
registered name. It will be acceptable to provide another name which
exists as a real entity, such as a trading name. Similarly, a sole trader
could provide his or her real name or trading name.
In most cases, it will be reasonable for a real name to comprise a name by
which the person making the request is widely known and/or is regularly
used by that person and which is not an obvious pseudonym or fictitious
name.

To enable us to meet your request could you please resubmit your
application in accordance with the above requirements. If for any reason
you are unable to do so, please contact me for assistance or seek
assistance from any other available source.

We will consider your resubmitted request upon receipt as long as it meets
the requirements stated above. You will receive the information requested
within the statutory timescale of 20 working days as defined by the Act,
subject to the information not being exempt.

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 at the e-mail address at the top of this letter, quoting the
reference number above.

Yours sincerely

R. Loizou
Policy and Support 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.

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References

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