Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly. A response should be provided by 02/03/09.

Yours sincerely

Jan Mcewan
Information Compliance Unit

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1998 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Provision of Information held by Northumbria Police under the Freedom of
Information Act 2000 (the" Act")

With regard to your email in which you make a request for information that
Northumbria Police may hold.

I regret that Northumbria Police will not be able to complete its response
to you by the date originally stated. We are still researching the
information held and considering whether any exemptions under the Act may
apply.

I can now advise you that the new date for the provision of the information
is 27/03/09. I can assure that every effort will be made to ensure that a
response will be provided to you within this new timescale.

Your attention is drawn to the attachment which contains your complaint
rights.

(See attached file: FOI Complaint Rights.doc)

Yours sincerely

Jan Mcewan
Information Compliance Unit

From: Freedom of Information Mailbox on 02/02/2009 08:57

Sent by: Jan McEwan

To: John Anderson <[FOI #7451 email]>
cc:
Subject: Re: Freedom of Information Act 2000 (FOIA) request 1067/09 -
DNA and fingerprints (Document link: Freedom of Information
Mailbox)

Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly. A response should be provided by 02/03/09.

Yours sincerely

Jan Mcewan
Information Compliance Unit

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1998 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 31 January 2009 in which you made a request
for access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.

You asked:

As of the 4th December 2008

1 How many DNA and fingerprint samples of innocent people have deleted ?

2 How many innocent people requested their DNA and fingerprint samples be
deleted?

3 If no DNA and fingerprint samples have been deleted i wish to know the
reasons WHY as the UK Goverment have been found to be in breach of
innocent peoples human rights and this would be considered a crime in
itself.

4 As there is no right of appeal from a final decision made by the Grand
Chamber when will your police force be routinely be deleting records of
innocent people ?

In response:

We have now had the opportunity to fully consider your request and I
provide the following response for your attention.

1 No DNA profiles/fingerprints have been removed for the time specified in
your request.

2. There are no recorded requests for DNA and fingerprint samples to be
deleted for the time specified in your request

3. This question appears to be asking for justification rather than
recorded information therefore we consider this not to be a valid request
under Section 8 of the Act.

4.Please see the below attachment

(See attached file: Docs 1 & 2.pdf)

Some details have been redacted from these document and in relation to
witholding those details we apply Sect 31 of the Act which states:

Section 31 - Law Enforcement

(1) Information which is not exempt information by virtue of section 30 is
exempt information if its disclosure under this Act would, or would be
likely to prejudice -
(a) the prevention or detection of crime
(b) the apprehension or prosecution of offenders
(c) the administration of justice

Section 31 is a prejudice based and qualified exemption and requires me to
set out the harm in disclosure and apply the public interest test.

Harm Test

To provide further details, ie contact numbers and other non-public facing
details may cause the relevant operational teams to be inundated with
contact from individuals intent on causing disruption to operational
policing, therefore prejudicing effective law enforcement.

Public interest Test

Considerations which favour disclosure

Accountability:
Where public funds are spent there is a public interest in accountability
and justification.

Public Debate:
The Police Services handling of its resources is subject to much debate and
the information may enhance the public debate on these issues.

Considerations favouring non-disclosure

Exemption Provisions: Where one or more of the exemption provisions apply
and give rise to a public interest consideration favouring non-disclosure
of the information.

Current investigations: It is the Association of Chief Officers (ACPO) view
that information relating to an investigation will rarely be disclosed
under the provisions of the Freedom of Information Act 2000. Whilst such
information may be released in order to serve a core policing purpose (i.e.
to protect life and property and/or assist in prevention and detection of
crime and/or in the apprehension and prosecution of offenders), it will
only be disclosed following a freedom of information request if there are
strong public interest considerations favouring disclosure. The further the
considerations favouring disclosure are from a core policing purpose, the
less the considerations will be. It is my view that disclosure of this
information will not serve a core policing function.

Balancing Test
I have analysed the competing arguments and weighed up the community
benefit that disclosure of this information may provide. We must seek to
protect our core policing function and not disclose information which could
potentially undermine the whole criminal justice process. I have decided
that on balance it is in the public interest to withhold this part of the
requested information. It is my view that provision of this information
would not be beneficial to the community as a whole.

You should consider this to be a refusal under section 17 of the Act for
this part of your request.

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended) or such other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

(See attached file: FOI Complaint Rights.doc)

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Keith Harm Sgt 22
Acting Data Protection and Disclosure Advisor
Direct Dial: 01661 869389
NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1998 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk