Dear Hertfordshire Constabulary,

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.

Yours faithfully,
Rachel Rank

R Freedom of Information Act team, Hertfordshire Constabulary

Good afternoon,

As we have received duplicate requests from different people can I please request a scanned copy of identification from you under Section 8 of the FOI Act 2000 as shown below:-

8.—(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.

Kind regards

Jo Atkins 8278
Information Rights Beds/Herts/Cambs
Information Rights

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Dear Freedom of Information Act team,

I am happy to provide a scanned copy of my passport as proof of my identity. Please let me know where I should send that to as any replies using this platform are made public so it wouldn't be appropriate to attach it to this reply. Is there a specific email I need to use?

Thank you for clarifying.

Yours sincerely,

Rachel Rank

R Freedom of Information Act team, Hertfordshire Constabulary

Good morning

Please use [Hertfordshire Constabulary request email]

Thank you

James Cooper 8906
Information Rights Supervisor Beds/Herts/Cambs
Information Rights

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no-reply@bch.ecase.gsi.gov.uk on behalf of FOI Team,

Our ref: FOI2020/00966

Dear Rachel Rank,

I am writing with regards to your request for information, which was
received 7th February.

We have started to consider your request, however we require further
information before we are able to proceed.

Before Hertfordshire Constabulary can proceed any further with your
request please provide proof of ID, as there have been a number of these
requests received from different individuals.

As you will appreciate the statutory timescale for our response to your
request will not commence until we are supplied with the further
information which we require. In the event that we do not hear from you we
will assume that you do not wish to proceed with your request.

Please remember to quote the reference number above in any future
communications.

Yours sincerely,
James Cooper

Dear James Cooper,

Thank you for your reply.

I have submitted the exact same FOI request but using the Hertfordshire Constabulary website as that is the only email I could find: https://www.herts.police.uk/Information-...

I was not asked to provide any identification but if you require some still then please let me know where and how I can submit it securely to you, e.g. a specific email address.

Thanks for your help with this. I look forward to hearing from you again once you have been able to review my request via your own supported site.

Yours sincerely,
Rachel Rank

Freedom of Information,

Dear Rachel

Please forward your ID to the Herts FOI address : - R Freedom of Information Act team [email address] asap so we are able to progress your request.

Kind Regards

Gary

Information Rights
BCH Information Management Department
Tel: 01234 842547

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Dear Gary,

Having discussed your request with an FoI expert, I do not accept that you have any reasonable basis to conclude that I am not using my real name and request I prove my identity. A quick google search of my name ("Rachel Rank") reveals that is my real name and you can easily find out where I work, see my Twitter account and view my LinkedIn profile. The ICO guidelines on this state that if the name given is not an obvious pseudonym then the request should be taken at face value, as can be seen on Page 8 here: https://ico.org.uk/media/for-organisatio...

With that said, I will not be providing you with any proof of ID, and am instead requesting you conduct an internal review of your decision. I hope to receive a response within 20 working days.

Yours sincerely,
Rachel Rank

R Freedom of Information Act team, Hertfordshire Constabulary

Good morning,

Many thanks for your email however, please be advised without receiving your ID as requested under Section 8 of the Freedom of Information Act your request will not be processed.
With regards to your request for an Internal review to be completed, an Internal review can only be done on a completed FOI request.

Kind regards
Jo Atkins
Information Rights Office

Kind regards

Jo Atkins 8278
Information Rights Beds/Herts/Cambs
Information Rights

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Dear Jo,

Thanks for your reply. As per my earlier message, it is Section 8 of the FOI Act that I am also referring to - see the section on pseudonyms, p.8, paragraphs 28-34.

In particular, I would like to draw your attention to paragraphs 30 and 31 of the Guidance, which state:

"30. However, if the name provided is not an obvious pseudonym and the public authority has no reason to believe that a pseudonym is being used, the authority should just accept the name provided at face value.
31. Whilst this may mean that some pseudonymous requests will slip through the net, we would not want to see a situation where authorities routinely carry out checks on requesters’ identities. The Act provides a public right to information, not a right limited to certain individuals."

Given the ICO's guidance, I do not understand why you are requesting I email you some identification and I am concerned you do this routinely for all FOI requests. I also do not understand why you consider my request to be incomplete when I asked for an internal review about being required to submit some identification. I have followed due process for submitting a request and given no cause for concern that I am not who I say I am. I do not have a common surname and it is easy to identify who I am by searching online using my full name.

Please clarify what your concerns are in relation to me not submitting a genuine FOI request and that would require you to ask for my formal identification.

Thank you for looking into this.

Yours sincerely,
Rachel Rank

R Freedom of Information Act team, Hertfordshire Constabulary

Good afternoon

As you are no doubt aware any requests submitted under the Freedom of Information Act should be dealt with on an applicant blind basis. The Information Commissioner’s guidance on the Consideration of the Identity or Motives of the Applicant 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 of relevant (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 purposed application of s14 cannot side-step the question of the underlying rationale or justification for the request.’ (Paragraph 34).

Any request has to be considered on an applicant and motive blind basis. However, the history of an applicant(s) can be taken into account if you suspect they are using a pseudonym or that they are ‘acting in concert’.

Therefore before we progress this request we ask for ID from yourself as previously requested.

Thank you

James Cooper 8906
Information Rights Supervisor Beds/Herts/Cambs
Information Rights

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Dear James,

It appears we are in disagreement as to when it is appropriate to request identification from someone submitting a Freedom of Information request and the ICO guidance regarding this.

Rather than slow down my request any further, I have submitted a copy of my passport to the email address provided. I have no previous history of submitting vexatious FOI requests to Hertfordshire police or to any other organisations.

I look forward to receiving a response to my request.

Thank you for your help with this matter.

Yours sincerely,
Rachel Rank

no-reply@bch.ecase.gsi.gov.uk on behalf of FOI Team, Hertfordshire Constabulary

1 Attachment

Dear Rachel Rank,

I am writing in response to your request for information, received 7th
February.

Yours sincerely,
Jo Atkins