Dear Mr Hai

Thank you for your email requesting information from the Constabulary.

Whilst requests under the Act should be dealt with on an applicant blind
basis the Information Commissioner’s Officer offers guidance on the
‘Consideration of the Identity or Motives of the Applicant’ which confirms
that an applicant’s identity and motives may be relevant when considering
the context in which request(s) are made, the burden it may impose, and
the value of the request.

The guidance also quotes the following extract from an Upper Tribunal case
of relevance (ICO –v- Devon County Council and Dransfield):

‘… The motive of the requester may well be a relevant and indeed
significant factor in assessing whether the request itself is vexatious,
the propose application of Section 14 cannot side-step the question of the
underlying rationale or justification for the request…’  (Paragraph 34).

I am aware that several forces have received identical requests from
several individuals all with different names (possibly pseudonyms).  As a
consequence I am of the view that these individuals could be acting in
concert.

Section 8(1)(b) indicates that the real name of an applicant should be
used when requesting information and not any other name, for example, a
pseudonym.  The ICO guidance is quite clear and states it is 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, see below link:

[1]http://ico.org.uk/for_organisations/guid...

As a consequence before I do any further work on this request I require
from you proof of identity.  In such cases ‘proof’ will be as required
under the remit of the Data Protection Act 2018 and necessitate two
photocopy documents that between them show name, address, date of birth
and a signature.  The nature of the documents supplied is up to you.

Pending such identification I have placed your request on hold where it
will remain for the next 20 working days.  If nothing is held in this
period I shall assume that the information is no longer required and close
the request marked as ‘withdrawn’.

Kevin Lea

Freedom of Information Officer

FOI Unit

Information Management Department

Derbyshire Constabulary 

Butterley Hall

Ripley

Derbyshire

DE5 3RS

Tel: 0300 122 8752

E-mail: [email address]

Web: http://www.derbyshire.police.uk

show quoted sections

Dear Mr Hai,

FREEDOM OF INFORMATION REQUEST

I write in connection with your request for information as shown below.

I am aware that companies are selling technologies to law enforcement that
allow them to take vast quantities of personal data from cloud-based apps
and accounts. You can read more
[https://privacyinternational.org/long-re....

I make the following request for documents/information under the Freedom
of Information Act:

1. Do you use mobile phone extraction technology that includes cloud
analytics / cloud extraction capabilities e.g. Cellebrite UFED Cloud
Analyser, Magnet Axiom Cloud or Oxygen Forensics Cloud Extractor

2. Do you have other technologies that allow you to access cloud-based
accounts and extract this data.

3. Please provide a copy of the relevant Data Protection Impact
Assessment.

4. Please provide a copy of the relevant local and/or national
guidance/standard operating procedure/policy.

5. Please confirm the legal basis you rely on to conduct cloud
analytics/extraction.

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You should expect to 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 Derbyshire Constabulary may be unable
to achieve this deadline. If this is likely you will be informed and given
a revised timescale at the earliest opportunity.

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

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.

Should you have any further enquiries concerning this matter, please write
or contact the Freedom of Information Officer, on the telephone number
below quoting the reference number shown in the header of this e-mail.

Yours sincerely,

Tara Swainson-Jenkins

Disclosure Assistant

Freedom of Information Unit 

Information Management Department

Derbyshire Constabulary, Butterley Hall, Ripley, Derbyshire DE5 3RS

Tel: 0300 122 8752 (Internal 17394)

Email: [1][email address]

Website: [2]www.derbyshire.police.uk

[3]cid:image007.jpg@01D53277.5E8B6B70

PLEASE NOTE: This e-mail message is intended solely for the person to whom
it is addressed and may contain information of a confidential or legally
privileged nature which should not be disclosed. If you have received this
message in error, please notify the sender immediately and delete the
message and any attachments or copies. Any review, re-transmission,
dissemination or other use of, or taking action in reliance upon, this
message by persons or entities other than the intended recipient is
prohibited. Any views or opinions expressed in this e-mail are solely
those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage.

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [4]http://www.derbyshire.police.uk

WARNING: E-mail may be susceptible to data corruption, interception,
viruses, unauthorised amendments and unforeseen delays. All e-mail has
been scanned for viruses, but Derbyshire Constabulary cannot accept
liability for any loss or damage incurred as a result of virus infection
or any other data corruption, interception, unauthorised amendment or
delay.

References

Visible links
1. mailto:[email address]
2. http://www.derbyshire.police.uk/
4. http://www.derbyshire.police.uk/

Mr Hai

Please find our update re the above.

Yours sincerely

Kevin Lea
Freedom of Information Officer
FOI Unit
Information Management Department
Derbyshire Constabulary 
Butterley Hall

Ripley

Derbyshire

DE5 3RS
Tel: 0300 122 8752
E-mail: [1][email address]

Web: [2]http://www.derbyshire.police.uk

[3]cid:image007.jpg@01D53277.5E8B6B70

PLEASE NOTE: This e-mail message is intended solely for the person to whom
it is addressed and may contain information of a confidential or legally
privileged nature which should not be disclosed. If you have received this
message in error, please notify the sender immediately and delete the
message and any attachments or copies. Any review, re-transmission,
dissemination or other use of, or taking action in reliance upon, this
message by persons or entities other than the intended recipient is
prohibited. Any views or opinions expressed in this e-mail are solely
those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage.

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [4]http://www.derbyshire.police.uk

WARNING: E-mail may be susceptible to data corruption, interception,
viruses, unauthorised amendments and unforeseen delays. All e-mail has
been scanned for viruses, but Derbyshire Constabulary cannot accept
liability for any loss or damage incurred as a result of virus infection
or any other data corruption, interception, unauthorised amendment or
delay.

References

Visible links
1. mailto:[email address]
2. http://www.derbyshire.police.uk/
4. http://www.derbyshire.police.uk/

Mr Hai

Thank you for making a Freedom of Information request to the Derbyshire
Constabulary.

Please find attached our response.

Yours sincerely

Kevin Lea
Freedom of Information Officer

FOI Unit
Information Management Department
Derbyshire Constabulary 
Butterley Hall

Ripley

Derbyshire

DE5 3RS
Tel: 0300 122 8752

E-mail: [1][email address]

Web: [2]http://www.derbyshire.police.uk

[3]cid:image007.jpg@01D53277.5E8B6B70

PLEASE NOTE: This e-mail message is intended solely for the person to whom
it is addressed and may contain information of a confidential or legally
privileged nature which should not be disclosed. If you have received this
message in error, please notify the sender immediately and delete the
message and any attachments or copies. Any review, re-transmission,
dissemination or other use of, or taking action in reliance upon, this
message by persons or entities other than the intended recipient is
prohibited. Any views or opinions expressed in this e-mail are solely
those of the author and do not necessarily represent the views of
Derbyshire Constabulary or any other person and Derbyshire Constabulary
does not accept liability for any statement or opinion expressed. Please
be aware Derbyshire Constabulary monitors all internet e-mail activity and
content to maintain system performance and appropriate business usage.

WEBSITE: Join the policing family at Derbyshire Constabulary. For more
details visit [4]http://www.derbyshire.police.uk

WARNING: E-mail may be susceptible to data corruption, interception,
viruses, unauthorised amendments and unforeseen delays. All e-mail has
been scanned for viruses, but Derbyshire Constabulary cannot accept
liability for any loss or damage incurred as a result of virus infection
or any other data corruption, interception, unauthorised amendment or
delay.

References

Visible links
1. mailto:[email address]
2. http://www.derbyshire.police.uk/
4. http://www.derbyshire.police.uk/