Video from mobile speed camera van

Chris made this Freedom of Information request to Thames Valley Police

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Thames Valley Police.

Dear Thames Valley Police,

I would like to request a copy of the video footage taken from a speed camera van operating on the A4074 in Nuneham Courtenay, sited in the first layby you reach when travelling from Reading towards Oxford. Please supply footage from one shift this year, but not taken after the date of this request.

I appreciate there may be data protection concerns that may require redacting vehicle number plates. Thus if you are unable to provide a full video, please send as much as you are able to under your FOI cost guidelines.

So that I am as open as possible, I would like to see the footage to check that the operator forms a prior opinion of vehicle speed before using a speed gun to measure the speed. As such I would appreciate if you could ensure that the footage shows the capture of a reasonable number of offences.

Yours faithfully,

Chris Waites

Dear Mr Waites

 

I acknowledge receipt of your recent request for information

 

Your request will now be considered and you will receive a further
response within the statutory timescale of 20 working days as defined by
the Freedom of Information Act, subject to the information not being
exempt or containing a reference to a third party. In some circumstances
Thames Valley Police 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.

 

I would like to take this opportunity to thank you for your interest in
Thames Valley Police.

 

 

 

Yours sincerely

 

 

 

Jane Shields LLB

 

Information Compliance Researcher

 

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Dear Mr Waites

 

Reference No: RFI2011000883

 

I write in connection with the above-referenced Freedom of Information Act
(FOIA) request submitted on 3 November 2011. Thames Valley Police has now
considered this application, which for clarity, has been repeated below:

 

I would like to request a copy of the video footage taken from a speed
camera van operating on the A4074 in Nuneham Courtenay, sited in the first
layby you reach when travelling from Reading towards Oxford. Please supply
footage from one shift this year, but not taken after the date of this
request.

    

I appreciate there may be data protection concerns that may require
redacting vehicle number plates. Thus if you are unable to provide a full
video, please send as much as you are able to under your FOI cost
guidelines.

    

So that I am as open as possible, I would like to see the footage to check
that the operator forms a prior opinion of vehicle speed before using a
speed gun to measure the speed. As such I would appreciate if you could
ensure that the footage shows the capture of a reasonable number of
offences.

 

Thames Valley Police considers that the following exemptions are engaged
in relation to this request and therefore cannot provide any relevant
information:

 

Section 40(2): Personal Information

Section 30: Investigations and Proceedings

 

Section 40 is an absolute exemption and we therefore do not need to
consider the harm or public interest in disclosure; however the release of
this information would be likely to identify an individual thereby
breaching the first principle of the Data Protection Act.

 

With regards to Section 30, it would be harmful to disclose information
relating to an ongoing investigation as it could be undermined or
prejudiced by disclosure. Although release of this data could better
inform the public, it cannot be in the overall public interest to disclose
information which can undermine our core responsibilities within law
enforcement.

 

This email therefore represents a Refusal Notice in accordance with
Section 17 FOIA for this application

 

Yours sincerely

 

 

 

Jane Shields

Information Compliance Researcher

 

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Dear Thames Valley Police,

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

I am writing to request an internal review of Thames Valley Police's handling of my FOI request 'Video from mobile speed camera van'.

I do not believe that the exemptions that you have listed are applicable in this case.

Section 40(2): Personal Information

My understanding is that any video taken from a camera van is only to identify vehicles, not the occupants. I do not believe that vehicle registrations fall under the definition of "personal data", within the meanings of the Data Protection.

Nevertheless, even if you believe this exemption applied, I made it clear that my interest was in the method used to detect speeding vehicles. Any identifying information could have been redacted/blurred without affecting checking whether the correct methodology is being followed.

Section 30: Investigations and Proceedings

Speeding convictions can only be laid before the court up to six months after the offence. Therefore, you could have provided a video more than six months old, which would have no "live" speeding investigations or proceedings on it. In the unlikely event that another offence which was still being investigated or the subject of proceedings was on the tape this could have been cut.

I appreciate that it may not be possible for you to provide a "raw" tape but I believe the minimal amount of editing required should comfortably fall within FOI cost limits. Thus I would like you to review your decision.

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

Thank you for your consideration.

Yours faithfully,

Chris Waites

Dear Mr Waites

Reference No: IR2011000034 / RFI2011000883

I acknowledge receipt of your letter dated 22/11/2011 requesting that
Thames Valley Police review its response to your request for information
concerning footage from mobile speed camera van.

The review will be conducted in accordance to Thames Valley Police's
review procedure and every effort will be made to have a response to you
by the 22/12/2011. However if it becomes clear that the review will not
be completed by this date you will be contacted.

If you wish to discuss this matter prior to Thames Valley Police's
response please contact me.

Yours sincerely,

Malcolm Hopgood | Information Compliance Officer |

Thames Valley Police Currently use the Microsoft Office 2002 suite of applications. Please be aware of this if you intend to include an attachment with your email. This communication contains information which is confidential and may also be privileged. Any views or opinions expressed are those of the originator and not necessarily those of Thames Valley Police. It is for the exclusive use of the addressee(s). If you are not the intended recipient(s) please note that any form of distribution, copying or use of this communication or the information in it is strictly prohibited and may be unlawful. If you have received this communication in error please forward a copy to: [email address] and to the sender. Please then delete the e-mail and destroy any copies of it. Thank you.

Dear Mr Waites

 

Reference No: IR2011000034 / RFI2011000883

 

I write in connection to your email dated 22/11/2011 requesting that
Thames Valley Police reviews its response to your request concerning video
footage from mobile speed camera van operating on the A4074 in Nuneham
Courtenay.

 

Having considered your request for an internal review I have now had the
opportunity to fully re-examine with our Information Compliance Manager
our refusal response dated 15/11/2011.  We are satisfied that the
explanation, rationale and exemptions applied is in accordance with the
provisions of the Freedom of Information Act 2000 (FOIA).  This being the
case we have decided that Thames Valley Police has interpreted the FOIA
legislation correctly and uphold our original stance.

 

However, I would further explain the application of Exemption Section 30
(2) – Investigations and Proceedings Conducted by a Public Authority.

            30(2) Information held by a public authority is exempt
information if;-

(a) It was obtained or recorded by the authority for the purposes of its
functions relating to;-

(i) investigations falling within subsection (1)(a) or (b),
(ii) criminal proceedings which the authority has power to conduct,
(iii) investigations (other than investigations falling within subsection
(1)(a) or (b)) which are conducted by the authority for any of the
purposes specified in section 31(2) and either by virtue of Her Majesty's
prerogative or by virtue of powers conferred by or under any enactment, or
(iv) civil proceedings which are brought by or on behalf of the authority
and arise out of such investigations,

Information relating to an investigation will rarely be disclosed under
the Freedom of Information Act and only where there is a strong public
interest consideration favouring disclosure.  Whilst such information may
be released in order to serve a ‘core policing purpose’ – to prevent or
detect crime or to protect life and property – it will only be disclosed
following a Freedom of Information request if there are strong public
interest considerations favouring disclosure.

 

Third party interests may be jeopardised by the release which relates to
the affairs of individuals and/or sensitive information held.  In this
case, law enforcement and any investigation may be compromised by
disclosure, as may third party data protection rights. 

 

Bearing in mind that disclosure made under the Freedom of Information Act
is disclosure into the public domain, and not just you as the requestor. 
It is not in the public interest to disclose information that may
compromise the force’s ability to fulfil its core function of law
enforcement or provide material which is or has been held for the purposes
of an investigation whether the case is ongoing or not. 

 

If you are not satisfied with this response, 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
Freedom of Information Act 2000.

 

For information on how to make application to the Information
Commissioner, please write to:

 

Information Commissioner’s Office. Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF.

 

Or visit their website at: [1]www.ico.gov.uk

   

If you wish to discuss this matter prior to any further action on your
part please contact me.

 

Yours sincerely,

 

 

Malcolm Hopgood | Information Compliance Officer

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References

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1. http://www.ico.gov.uk/