Withholding of evidence

James Dunn made this Freedom of Information request to Metropolitan Police Service (MPS)

The request was partially successful.

From: James Dunn

4 October 2011

Dear Metropolitan Police Service (MPS),

I read the following article with much interest;

http://presstv.com/detail/202481.html

As you will see this article concerns the Metropolitan Police
professional standards department withholding evidence from a
criminal prosecution.

Can I please have the following;

1. the names of the officers involved and their rank
2. the charges that are being considered
3. description of the evidence withheld

Yours faithfully,

James Dunn

Link to this

Metropolitan Police Service (MPS)

11 October 2011

Dear Mr Dunn,

Freedom of Information Request Reference No: 2011100000473
I write in connection with your request for information that was received
by the Metropolitan Police Service (MPS) on 04 October 2011.  I note that
you seek access to the following information:

"I read the following article with much interest;        

http://presstv.com/detail/202481.html  

As you will see this article concerns the Metropolitan Police professional
standards department withholding evidence from a criminal prosecution. Can
I please have the following;

1. the names of the officers involved and their rank  
2. the charges that are being considered    
3. description of the evidence withheld "    

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will 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 the MPS 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.

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.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact Damion Baird on telephone number 0207 161 6510 quoting the
reference number above.

Yours sincerely

Damion Baird
Information Manager
Directorate of Professional Standards
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 and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

 

The Metropolitan Police Service is here for London - on the streets and in
your community, working with you to make our city safer.

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

Metropolitan Police Service (MPS)

21 December 2011

Dear Mr Dunn,

Freedom of Information Request Reference No: 2011100000473

I write in response to your request for information that was received by
the Metropolitan Police Service (MPS) on 04 October 2011. I apologise for
the delay in responding to your request and any inconvenience caused. I
note that you seek access to the following information:

"I read the following article with much interest;    

http://presstv.com/detail/202481.html

As you will see this article concerns the Metropolitan Police Professional
Standards Department withholding evidence from a criminal prosecution. Can
I please have the following;

1. the names of the officers involved and their rank
2. the charges that are being considered
3. description of the evidence withheld "    

When a request is made under the Act, a public authority must inform you,
when permitted, whether the information requested is held. It must then
communicate that information to you. If a public authority decides that it
is cannot comply with all or part of a request, it must cite the
appropriate section or exemption of the Act and provide you with a
suitable explanation. It is important to note that the Act is designed to
place information into the public domain, that is, once access to
information is granted to one person under the Act, it is then considered
public information and must be communicated to any individual should a
request be received.

Following receipt of your request, I have conducted searches to locate
information relevant to your request. I can confirm that information of
the description specified is held by the MPS.

Decision
I have disclosed the located information to you in part.

In respect of your request for the rank of the officers involved, I can
confirm that there are three police officers involved in this part of the
investigation. These officers hold the rank of Detective Inspector,
Detective Sergeant and Police Sergeant.

In respect of your request for the charges that are being considered and
the description of the evidence allegedly withheld, please find the IPCC
statement dated 30 October 2011.

"Standards officers failed to review crucial CCTV evidence and withheld a
number of CCTV tapes from the Crown Court, the officer's defence and the
prosecution in relation to the trial of six MPS TSG officers at Kingston
Crown Court in November 2009. The IPCC investigation has concluded and a
file has been passed to the Crown Prosecution Service on for its
consideration."

In respect of your request for the names of the officers involved, having
considered this information for release, I have decided to refuse access
to this information. This email serves as a refusal notice under Section
17(1) of the Act.

Reason for Decision
Section 17 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 in 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 the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies."

Please find explanation below of the exemption I rely upon under the Act.

Section 40 (2) & (3) - Personal Information: Absolute Exemption/Class
Based
Under Section 40(2) and (3) of the Act, Public Authorities are able to
withhold information where its release would identify any living
individual and breach the principles of the Data Protection Act 1998
(DPA). I have applied this exemption in that the information requested
constitutes the personal data of those police officers that are the
subject of this investigation, the release of which, would be in breach of
the rights provided by the DPA.

The eight principles of the DPA govern the way in which data controllers
must manage personal data. Under principle one of the DPA, personal data
must be processed fairly and lawfully. It is current policy to only make
available the names of those that have been charged with a criminal
offence and/or have been convicted at court of a criminal offence. This
policy applies equally to members of the public and police officers/staff.
 I consider that the release of the requested information would be unfair,
as the police officers involved in this investigation, would have no
reasonable expectation that the MPS would make this information publicly
available. Release would accordingly constitute unfair processing of
personal data under principle one of the DPA.

In reaching my decision, I have, in each case, given due regard to
Condition one and six of Schedule 2 of the DPA. Condition one of the DPA
requires that consideration is given to whether consent for disclosure has
been given whilst Condition six requires that consideration is given to
whether disclosure would constitute legitimate processing of that data. I
have found that as no prior consent has been given to release this
information and in the case of legitimate processing, the release of this
personal data would be unexpected and subsequently unfair, that the
release of this information would not constitute legitimate processing of
personal data.

This exemption is both absolute and class based. When this exemption is
applied, it is accepted that harm would result from disclosure. There is
accordingly no requirement to consider whether release of information is
in the public interest or demonstrate what harm would result from
disclosure.
IPCC Investigations
In view of the fact that this is an independent IPCC investigation, you
may wish to make a request to the IPCC for further details. Should you
wish to make a request to the IPCC, you can make your request by:

E-mail at [email address]

Fax to 0207 166 3591

Post to:
Freedom of Information Unit
Independent Police Complaints Commission
6th Floor
90 High Holborn
London
WC1V 6BH  

This notice concludes your request for information. I would like to take
this opportunity to thank you for your interest in the MPS.

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.  

Should you have any further inquiries concerning this matter, please
contact me on 0207 161 6510 or at the address at the top of this email,
quoting the reference number above.

Yours sincerely

Damion Baird
Information Manager
Directorate of Professional Standards  

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
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 and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

From: James Dunn

25 December 2011

Dear Metropolitan Police Service (MPS),

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

I am writing to request an internal review of Metropolitan Police
Service (MPS)'s handling of my FOI request 'Withholding of
evidence'.

Under the principle of assisting an enquirer as you have withheld
the names can you please tell me which area of the DPS department
the officers were assigned when they withheld this information?

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

Yours faithfully,

James Dunn

Link to this

Metropolitan Police Service (MPS)

4 January 2012

Dear  Mr Dunn

Freedom of Information Request Reference No: 2011120003462

I write in connection with your letter dated 25 December 2011 requesting
that the Metropolitan Police Service (MPS) review its response to your
request for information relating to:

* Original FOI case number 2011100000473.

The review will be conducted in accordance with the MPS complaints
procedure. The MPS endeavour to respond to your complaint by 26 January
2012.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Thank you for your interest in the MPS.

Yours sincerely

Ms S. Strong
FOIA Complaints Officer

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 and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

Metropolitan Police Service (MPS)

5 January 2012

Dear Mr Dunn,

Freedom of Information Request Reference No: 2011120003462

Further to my earlier letter sent to you today, I have now read the case
history in respect of your original request.

* Original FOI case number 2011100000473.

Original FOI request (dated 4/10/11)
I read the following article with much interest;
http://presstv.com/detail/202481.html
     
As you will see this article concerns the Metropolitan Police professional
standards department withholding evidence from a criminal prosecution.

Can I please have the following;
1. the names of the officers involved and their rank
2. the charges that are being considered
3. description of the evidence withheld

Your letter of complaint (dated 25/12/11) focuses on the original response
you received to question one. You ask that under the principle of
assisting an enquirer, as the MPS have withheld the names of the relevant
individuals, you wish to know which area of the DPS department the
officers were assigned to.

Whilst the MPS will always try to assist where possible, I find your
request for the MPS to consider disclosure of the DPS department must be
classed as a new FOI request. This is because I believe it would again
require careful consideration of exemptions, such as Section 40 before
disclosure could be made. I have therefore referred this query to the
customer service team for logging and acknowledgement.

If you wish the MPS to review the original questions posed on 4/10/11,
please let me know by 1st February 2012. In the meantime, your complaint
will remain on hold as ‘pending’. If I do not hear from you by this date,
I will treat your complaint as withdrawn in consideration of the logging
of your subsequent request.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to contact the Information
Commissioner with your complaint.

Should you have any further inquiries concerning this matter, please
contact me quoting the reference number above.

Yours sincerely

Ms S. Strong
FOIA Complaints Officer

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 and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

From: James Dunn

5 January 2012

Dear Metropolitan Police Service (MPS),

My response was made on the 25.12.11, if you consider this is a new
FOI then this ought to have been treated as such from the date of
receipt.

I therefore expect a response to this FOI, added to this thread
within 20 days from 25.11.11

Yours faithfully,

James Dunn

Link to this

Metropolitan Police Service (MPS)

6 January 2012

Dear Mr Dunn,

Thank you for your email.

I can confirm your request has been logged on the system as received on 25/12/11. You will receive a formal FOI acknowledgement to this effect shortly.

Could you please clarify whether you seek an internal review of the original request as logged and acknowledged under case number 201120003462?

Kind regards,

Ms S.Strong
FOI Complaints Officer

show quoted sections

Link to this

Metropolitan Police Service (MPS)

6 January 2012

Dear Mr Dunn,

Freedom of Information Request Reference No: 2012010000396
I write in connection with your request for information that was received
by the Metropolitan Police Service (MPS) on 25 December 2011. I note that
 you seek access to the following information:

* Under the principle of assisting an enquirer as you have withheld the
names can you please tell me which area of the DPS department the
officers were assigned when they withheld this information?

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will 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 the MPS 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.

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.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your
right of complaint.

Should you have any further enquiries concerning this matter, please
write or contact Damion Baird on telephone number 0207 161 6510
quoting the reference number above.

Yours sincerely

Damion Baird
Information Manager
Directorate of Professional Standards
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 and encouraged to
discuss the decision with the case officer that dealt with your
request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is
to telephone the case officer that is nominated at the end of your
decision letter.

That person will be able to discuss the decision, explain any issues
and assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.  Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

Metropolitan Police Service (MPS)

11 January 2012

Dear Mr Dunn,

Freedom of Information Request Reference No: 2012010000396

I write in response to your request for information that was received by
the Metropolitan Police Service (MPS) on 25 December 2011. I note that you
seek access to the following information:

* Under the principle of assisting an enquirer as you have withheld the
names can you please tell me which area of the DPS department the
officers were assigned when they withheld this information?

When a request is made under the Freedom of Information Act 2000 (the
Act), a public authority must inform you, when permitted, whether the
information requested is held. It must then communicate that information
to you. If a public authority decides that it is cannot comply with all or
part of a request, it must cite the appropriate sections or exemptions of
the Act and provide you with a suitable explanation. It is important to
note that the Act is designed to place information into the public domain,
that is, once access to information is granted to one person under the
Act, it is then considered public information and must be communicated to
any individual should a request be received.

Following receipt of your request, I have conducted searches to locate
information relevant to your request. I can confirm that information of
the description specified is held by the MPS.

Decision
Having located and considered the relevant information, I have found that
I am not required by statute to release the information requested. This
letter serves as a Refusal Notice under Section 17(1) of the Act.

Reason for Decision
Section 17 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 in 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 the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies."

Please find explanation below of the exemption I rely upon under the Act.

Section 40 (2) & (3) - Personal Information: Absolute Exemption/Class
Based
Under Section 40(2) and (3) of the Act, Public Authorities are able to
withhold information where its release would identify any living
individual and breach the principles of the Data Protection Act 1998
(DPA). I have applied this exemption in that the information requested
would, when linked with the rank of the officers that has already been
released under the Act, allow the officers to be identified. This would
occur as the department to which these officers were/are attached is
relatively small.  I consider that to identify these officers would be in
breach of the rights provided to them under the DPA.
The eight principles of the DPA govern the way in which data controllers
must manage personal data. Under principle one of the DPA, personal data
must be processed fairly and lawfully. When a request for information is
made that is reliant upon the release of personal data or information
from which a living individual can be identified to satisfy that request,
the release of that data must be both fair and lawful.  

It is current policy to only make available the names of those that have
been charged with a criminal offence and/or have been convicted at court
of a criminal offence. This policy applies equally to members of the
public and police officers/staff.  I consider that the release of the
requested information would be unfair, as the police officers involved in
this investigation, would have no reasonable expectation that the MPS
would make their personal information available to the public. Release
would accordingly constitute unfair processing of personal data under
principle one of the DPA.

In reaching my decision, I have, in each case, given due regard to
Condition one and six of Schedule 2 of the DPA. Condition one of the DPA
requires that consideration is given to whether consent for disclosure has
been given whilst Condition six requires that consideration is given to
whether disclosure would constitute legitimate processing of that data. I
have found that as no prior consent has been given to release this
information and in the case of legitimate processing, the release of this
personal data would be contrary to current policy and subsequently unfair,
that the release of this information would not constitute legitimate
processing of personal data.

This exemption is both absolute and class based. When this exemption is
applied, it is accepted that harm would result from disclosure. There is
accordingly no requirement to consider whether release of information is
in the public interest or demonstrate what harm would result from
disclosure.

This notice concludes your request for information. I would like to take
this opportunity to thank you for your interest in the MPS.

Should you have any further enquiries concerning this matter, please
contact me on 0207 161 6510 or at the address at the top of this email,
quoting the reference number above.

Yours sincerely

Damion Baird        
Information Manager
Directorate of Professional Standards

In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
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 and encouraged to
discuss the decision with the case officer that dealt with your request.  

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

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
Public Access Office
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.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

Link to this

James Dunn left an annotation (11 January 2012)

Quote-marks Matter referred to the ICO as of 11/1/2012

James

Link to this

James Newman left an annotation (13 January 2012)

Quote-marks Correct Link to story regarding police corruption

http://www.presstv.ir/detail/202481.html

Link to this

Things to do with this request

Anyone:
Metropolitan Police Service (MPS) only:

Follow this request

There are 3 people following this request

Offensive? Unsuitable?

Requests for personal information and vexatious requests are not considered valid for FOI purposes (read more).

If you believe this request is not suitable, you can report it for attention by the site administrators

Report this request

Act on what you've learnt

Similar requests

More similar requests

Event history details

Are you the owner of any commercial copyright on this page?