Walthamstow Pounland

The request was refused by Metropolitan Police Service (MPS).

Dear Metropolitan Police Service (MPS),

I am writing to make an open government request for all the information to which I am entitled under the Freedom of Information Act. In order to assist you with this request, I am outlining my query as specifically as possible. If however this request is too wide or too unclear, I would be grateful if you could contact me as I understand that under the act, you are required to advise and assist requesters.

I would like to know information on incidents reported in the Walthamstow area in the past 12 months, in particular one involving me about 4 months ago

I would like the following details for each incident:
1) date
2) location
3) ethnicity of attackers
4) crime recorded
5) response time
6) Current status of incidents and if closed outcomes.

I understand that under the Act, I should be entitled to a response within 20 working days. I would be grateful if you could confirm in writing that you have received this request. I look forward to hearing from you in the near future.

Yours,

Yours faithfully,

Lee Lambert

Metropolitan Police Service (MPS)

1 Attachment

Dear Mr Lambert

Freedom of Information Request Reference No: 2017070000562

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 16/07/2017.  I note you seek
access to the following information:

"I would like to know information on incidents reported in the Walthamstow
area in the past 12 months, in particular one involving me about 4 months
ago

I would like the following details for each incident:
1) date
2) location
3) ethnicity of attackers
4) crime recorded
5) response time
6) Current status of incidents and if closed outcomes."

Please accept this letter as an acknowledgement of receipt of your
request, which has been considered under the Freedom of Information Act
2000 (the Act).  

DECISION

The Metropolitan Police Service neither confirms nor denies that it holds
the information you have requested as the duty in Section 1(1)(a) of the
Freedom of Information Act 2000 does not apply by virtue of the Section
40(5) exemption.  This response therefore represents a Refusal Notice in
accordance with Section 17(1) of the Act.  Please see the legal annex for
the sections of the Act that are referred to in this letter.

REASON FOR DECISION

A Freedom of Information Act request is not a private transaction. Both
the request itself, and any information disclosed, are considered suitable
for open publication. This is because, under Freedom of Information, any
information disclosed is released into the wider public domain,
effectively to the world and not just to one individual.

In most cases Personal Data is exempt from disclosure under the Freedom of
Information Act as I will explain below.

To confirm or deny whether personal information exists in response to your
request could publicly reveal information about an individual or
individuals, thereby breaching the right to privacy afforded to persons
under the Data Protection Act.

Where an individual is requesting his or her own personal data the
information is always exempt.  Such information can be requested under
other legislation (please see the advice and assistance section below).

Where an individual is requesting third party personal data the MPS must
ensure that any action taken adheres to the principles of the Data
Protection Act 1998.  To clarify, the Freedom of Information Act only
allows disclosure of personal data if that disclosure would be compliant
with the Data Protection Act.

ADVICE AND ASSISTANCE

Please note: If the information requested relates to you (for example if
you are seeking a crime report where you were the victim/witness/suspect)
then you are able to request it via a Subject Access Request.  In order to
make a Subject Access Request please complete the attached form 3019
(available from any MPS Station, or from
https://beta.met.police.uk/request/reque...,
or by calling 020 7161 3500 available Mon - Fri between 10:00 and 14:00).
 Please note that proof of identification is required to process a
request. This process may also take up to 40 days from receipt of your
completed application.

However, you may submit a new request for information relating to
incidents reported in the Walthamstow area in the past 12 months.

There are many other ways in which specific personal data can be requested
from the MPS, information on the most common avenues for requesting
information can be found in the attached advice sheet.

This notice does not confirm or deny that the MPS holds the information
that you have requested.

Should you have any further enquiries concerning this matter, please
contact us at [email address] quoting the reference number above.

Yours sincerely

R. Loizou
Support Officer - Freedom of Information Triage Team

LEGAL ANNEX

Section 17(1) of the Act provides:

(1)        A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision of
Part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant a notice which-

(a) states that fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.

Section 40(5) of the Act provides:

(5)        The duty to confirm or deny-

(a) does not arise in relation to information which is (or if it were held
by the public authority would be) exempt information by virtue of
subsection (1), and
(b) does not arise in relation to other information if or to the extent
that either-
(i) the giving to a member of the public of the confirmation or denial
that would have to be given to comply with section 1(1)(a) would (apart
from this Act) contravene any of the data protection principles or section
10 of the [1998 c. 29.] Data Protection Act 1998 or would do so if the
exemptions in section 33A(1) of that Act were disregarded, or
(ii) by virtue of any provision of Part IV of the [1998 c. 29.] Data
Protection Act 1998 the information is exempt from section 7(1)(a) of that
Act (data subject's right to be informed whether personal data being
processed).
 
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 to discuss the
response with the case officer who dealt with your request.  

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
Information Rights Unit
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.ico.org.uk.  Alternatively, write to or
phone:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113
PERSONAL DATA REQUEST - ADVICE SHEET

Why are Freedom of Information requests relating to personal data usually
refused?

The Freedom of Information Act 2000 provides individuals with a right of
access to information held by public authorities, including the MPS.
 However this right of access is subject to a number of exemptions and
among these is an exemption for personal data.

Personal Data includes details such as an individual's name and address
but it is also much wider than this - incorporating any information
relating to that individual.  Personal Data may relate to the individual
requesting the data or it may relate to third party information.

Personal Data relating to the requestor will never be disclosed under the
Freedom of Information Act.  This is because the relevant exemption -
Section 40(1) - is absolute and therefore applies in all such cases.

Personal Data relating to a third party may be disclosed, however in most
cases this will also be refused.  This is because the third party data can
only be disclosed if such action is allowed under the Data Protection Act
1998.  This can include, for example, instances where the individual
concerned would have an expectation that his/her personal information
would be open to public scrutiny (this may be the case with very senior
employees or elected representatives).

Furthermore, in the majority of personal data requests the MPS will
exercise our right to "Neither Confirm Nor Deny" (NCND) whether or not any
information is held.  This is because there are often occasions whereby
saying whether or not information on a particular individual is held would
in itself reveal personal data about that individual and thus breach the
Data Protection Act.

What other ways might I be able to obtain personal data?

There are a number of ways in which the MPS processes requests for
personal data; I will briefly outline them below:

Requests for your own personal data (such as a crime report where you were
the victim, witness or suspect)

Personal Data relating to yourself can be requested under the Subject
Access Provisions of the Data Protection Act.  This is known as a Subject
Access Request or "SAR".

You can only request your own information under a SAR and in order for the
MPS to ensure this is the case we must be satisfied of your identity.  To
that end we require identification.  For more information please see the
following link or contact 0207 161 3500.

http://content.met.police.uk/Article/Mak...
__________________________________________________________________________________________________________________________________________

Requests for your own personal data in respect of emigration or visa
purposes

For advice on this matter please see the following link:

http://content.met.police.uk/Article/Emi...
__________________________________________________________________________________________________________________________________________

 Requests for your own personal data in respect of employment vetting
purposes

For advice on this matter please see the following link:

http://content.met.police.uk/Article/Emp...
__________________________________________________________________________________________________________________________________________

Requests for information in connection with a traffic matter (collision)

If you have been involved in a collision you are able to apply for the
collision report from the MPS Traffic Criminal Justice Unit.  There is a
fee for this service, for more information please see the following link:

http://content.met.police.uk/Article/Col...
__________________________________________________________________________________________________________________________________________

Requests for information in connection with Family Proceedings

You are able to apply for any relevant information held by the MPS if that
data is required in respect of Family Proceedings (for example in relation
to child arrangements following a divorce or separation).  For further
information please see the following link:

http://content.met.police.uk/Article/Dis...

show quoted sections

Requests for information under the Domestic Violence Disclosure Scheme
(Clare's Law)

The Domestic Violence Disclosure Scheme gives members of the public a
'right to ask' Police where they have a concern that their partner may
pose a risk to them or where they are concerned that the partner of a
member of their family or a friend may pose a risk to that individual.

For more information please see the following link:

http://content.met.police.uk/Article/Dom...
__________________________________________________________________________________________________________________________________________

Requests for third party information required for legal proceedings -
Section 35 of the Data Protection Act

If an individual has suffered loss or injury due to the activities of
another individual they may have a legal right to sue for compensation.
 In these cases the aggrieved party may request the name and address of
the other party in order to consider legal action.  Section 35 of the Data
Protection Act allows for such a disclosure.  In order to make a request
under section 35 of the Act you must write to the Borough Commander of the
area where the incident happened.  Details of all of the Borough
Commanders can be found on our website: www.met.police.uk.

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communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

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