Request for FOI legislation procedure and unredacted copy of Force FOI update provided to OPCC
Reference: 19010
Date Added: Dydd Mercher, 16 Hydref 2019
Category:
Disclosure Details
Question
I quote from your response:
'The OPCC are aware of your request for a copy of the body worn video that you have submitted to Gwent Police as you have copied the Police and Crime Commissioner into your emails. As a result, we have requested and received an update from Gwent Police as to the action they have taken and why they have taken it. As mentioned previously we are not able to influence the outcome of your request but understand that the correct processes have been followed'
1. Please provide an unredacted copy of the update supplied to you to which JR refers.
2. Please provide a copy, with explanation and reference to relevant legislation, of the 'correct processes' that were followed by Gwent Police, since they have overridden my rights under the Data Protection Act.
Answer
Thank you for your recent request under the Freedom of Information Act 2000.
Two duties are placed on public authorities under Section 1 of the Freedom of Information Act 2000 (FOIA). Notwithstanding applicable exemptions, the first duty at, Section 1(1) (a), is to confirm or deny whether the information specified in a request is held. The second duty at, Section1 (1) (b), is to disclose information that has been confirmed as being held. Under the provisions of those sections of the FOIA, we can confirm that the information you seek is not held by the Office of the Police and Crime Commissioner for Gwent. Please find response below.
Further to:
I quote from your response:
'The OPCC are aware of your request for a copy of the body worn video that you have submitted to Gwent Police as you have copied the Police and Crime Commissioner into your emails. As a result, we have requested and received an update from Gwent Police as to the action they have taken and why they have taken it. As mentioned previously we are not able to influence the outcome of your request but understand that the correct processes have been followed'
1. Please provide an un-redacted copy of the update supplied to you to which JR refers.
No information held. We do not hold a recorded copy of this information, this may mean it could have been deleted or that a verbal update was received.
2. Please provide a copy, with explanation and reference to relevant legislation, of the 'correct processes' that were followed by Gwent Police, since they have overridden my rights under the Data Protection Act.
In relation to your request for a copy of the ‘correct processes’ that were followed by Gwent Police and also an ‘explanation and reference to relevant legislation’, we do not hold this information so are unable to provide it to you.
The FOIA covers information that is recorded and held by an organisation – we are not required to provide you with explanations and references to legislation as you have requested if this information is not recorded.
If you wish to obtain information held in relation to the process followed by Gwent Police, you may wish to consider submitting your FOI request to them on the following address foi@gwent.pnn.police.uk
Should further requests be received in relation to the same area, consideration will be given to making your request vexatious. We have previously informed you that we are not able to get involved regarding the outcome of the requests you have made to Gwent Police and understand that you have followed the appeals process in relation to the requests made to the ICO who found in favour of Gwent Police.
The Freedom of Information Act is a public disclosure regime, not a private regime. Any information disclosed under the Act is thereafter deemed to be in the public domain, and therefore freely available to the general public and will be published on the OPCC website.
I hope this information is satisfactory to your request however, should you feel dissatisfied with this response or the way in which your request was handled, information on the Office of the Police and Crime Commissioner for Gwent FOI Appeals Procedure can be found on our website: www.gwent.pcc.police.uk/en/transparency/know-your-rights/your-information-rights/freedom-of-information/appeals-process/