Information Commissioner's Office - 662/12
Dated: 31 Jul 2015
Date of request: 18/08/2012
Date of response: 11/09/2012
Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')(FOIA)
Thank you for your email dated 18 August 2012 in which you made a request for access to certain information which may be held by Northumbria Police.
As you may be aware the purpose of the Act is to allow a general right of access to information held by a Public Authority (including the Police), subject to certain limitations and exemptions.
"Under the FOIA 2000 I am requesting all recorded information you hold concerning following.
How many times, if any, during past 12 months (August 20, 2011 to August 19/20, 2012) has the Information Commissioner and or the ICO issued any Enforcement Notice/s against Nortnhumbria Police.
Regards 1 above, please supply full details of all/any Enforcement Notice/s against Northumbria Police as well and reason/s for each.
How many times, if any, during past 12 months (August 20, 2011 to August 19/20, 2012) have Nothumbria Police been reported, for whatever reason/s) to the ICO's Enforcement team relating to breaches, by Northumbria Police, to either FOIA 2000 and or DPA.
Regards 3 above, please supply reason/s for each report made against Northumbria Police to the ICO's Enforcement team.
During the past 12 months (August 20, 2011 to August 19/20, 2012)how many times, if any, have Northumbria Police been warned by ICO, its officers and or its Enforcement team regarding breaches of either FOIA 2000 and or DPA.
Regards 5 above, please supply details of all, if any, such warnings including reason/s for each during above dates."
We have now had the opportunity to fully consider your request and I provide a response for your attention.
Following receipt of your request, searches were conducted with the
Disclosure Section of Northumbria Police. I can confirm that the information you have requested is held in part by Northumbria Police.
I have today decided to disclose the located information to you as follows.
These questions have been asked by you previously, FOI 336/12 refers, our reply to which was sent to you on 20 April 2012. Our response to that request remains applicable to this one, that being:
As the information you have requested is accessible by other means I have not provided you with a copy of the information and will rely on Section 21 of the Freedom of Information Act 2000. You should therefore consider this a refusal for your request.
I have provided an explanation to this exemption below.
Section 21 (1) - Information accessible by other means
Information which is reasonably accessible to the applicant is exempt information.
This information is freely available via the ICO website. In order to assist I have provided the relevant link below:-settlement.
The response to FOI 336/12 is published and can be found on both the whatdotheyknow website and the Northumbria Police Disclosure Log. A link to the latter is provided below.
As per our response to 1 above.
This question should be directed to the ICO. We do not hold information as to how many times the ICO has received such reports.
We do however hold information on the number of times we have been informed by the ICO that their assessment of a case has deemed it eligible for formal consideration and a subsequent decision notice. Again, as per question 1 above, this information is freely available on the ICO website.
As per our response to 3 above.
We have no recorded information on Northumbria Police being "Warned" by the ICO.
As per our response to 5 above.
You may be interested to know that Northumbria Police routinely publish information that has been disclosed by Northumbria Police in response to requests made under the Freedom of Information Act 2000 via the Disclosure Log. The aim of the Disclosure Log is to promote openness and transparency by voluntarily placing information into the public arena.
Whilst it is not possible to publish all responses we will endeavour to publish those where we feel that the information disclosed is in the public interest. The Disclosure Log will be updated once responses have been sent to the requester. I have provided the relevant link below:-
The information we have supplied to you is likely to contain intellectual property rights of Northumbria Police. Your use of the information must be strictly in accordance with the Copyright Designs and Patents Act 1988 (as amended) or such other applicable legislation. In particular, you must not re-use this information for any commercial purpose.
How to complain
If you are unhappy with our decision or do not consider that we have handled your request properly and we are unable to resolve this issue informally, you are entitled to make a formal complaint to us underour complaints procedure which can be found at:http://www.northumbria.police.uk/foi/disclosurelog/foicomprights.asp
If you are still unhappy after we have investigated your complaint and reported to you the outcome, you may complain directly to the Information Commissioner’s Office and request that they investigate to ascertain whether we have dealt with your request in accordance with the Act.