Freedom of Information Request Reference No: 2015020000288


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NameFreedom of Information Request Reference No: 2015020000288
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Dear Ms Akhtar
Freedom of Information Request Reference No: 2015020000288
I write in connection with your request for information which was received by the Metropolitan Police Service (MPS) on 03/02/2015. I note you seek access to the following information:
“Dear Metropolitan Police Service (MPS),

I am making this FOI request in respect of one specific set of data that has been recorded on:
1)The street CCTV camera on the area on Acton High Street, London W3, near Alfred Road.

I wish to obtain the video footage on the Friday 30th of January 2015 from 11.30am hrs to 11.45am hrs inc.
This video will show me driving my vehicle on Acton High Street, from Alfred Road. I sustained injury during this incident.
I am fully aware that the length of time prescribed by the law for all the CCTV evidence above is subject to a maximum time to be held on databases before it is 'wiped off' or 'recorded over'.
Therefore it is upon that basis that I hereby make this Freedom of Information Act request.”
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).
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.
Where an individual is requesting his or her own personal data the information is always exempt. 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.
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.
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.
DECISION
In this instance the MPS have decided to exercise our right to "Neither Confirm Nor Deny" (NCND) whether or not any information is held.
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.
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.
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 form 3019 (available from any MPS Station, or from http://content.met.police.uk/Article/Making-a-subject-access-request/1400005855548/1400005855548, or by calling 020 7161 3500). Please note that a fee of £10.00 and proof of identification is required to process a request. This process may also take up to 40 days from receipt of your completed application.

As a suggestion you may wish to make a request to the local council.
This notice does not confirm or deny that the MPS holds the information that you have requested.
COMPLAINT RIGHTS
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 enquiries concerning this matter, please contact me at the address at the top of this letter, quoting the reference number above.
Yours sincerely

Perry Gwillim

Chief Inspector - Ealing Borough.

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 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 contact 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

xxx@xxx.xxxxxx.xx
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, phone or write to:
Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Phone: 01625 545 745

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 and there is also a £10 fee for this service. For more information please see the following link or contact 0207 161 3500.
http://content.met.police.uk/Article/Making-a-subject-access-request/1400005855548/1400005855548
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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/Collision-forms-and-reports/1400005513174/1400005513174

__________________________________________________________________________________________________________________________________________

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