Wednesday, 24 February 2016

Reply from West Mercia Police to my Freedom of Information Request for a copy of the 'Unless you die' email

Lucy Allan MP has implied that she passed a copy of the unpublished 'Unless you die' email to the West Mercia Police. I felt it was worth asking the Police for a copy of the email under the Freedom of Information Act . This was their response.

Dear Mr Phillips


I write in connection with your request for information which was received on 1st February 2016.

Please find below the response to your request:
Could I please receive a copy of the email sent to Lucy Allan MP which contains the words 'Unless You Die' believed to be passed to West Mercia Police by Lucy Allan on 4th December 2015.

REPLY: Your request for information has now been considered and I am not obliged to supply the information you have requested.
West Mercia Police can neither confirm nor deny that it holds the information you requested as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemption:

Section 40 (5)   Personal information

Please be advised that any information released as a result of a Freedom of Information request, in effect, is being released into the public domain. Therefore, it could subsequently be published or would have to be made available to any member of the public if it were requested.
Any information that relates to an individual, or from which an individual could be identified, constitutes personal data and to release information that constitutes personal data into the public domain contravenes the Data Protection Act 1998. The information that you have requested pertains to personal data of a third party and therefore it is exempt from disclosure, the exemption that applies to this type of information is Section 40 of the Freedom of Information Act 2000.
In accordance with the Act, this letter represents a Refusal Notice for this particular request.
This action cannot be taken as confirmation or denial that West Mercia Police holds the information you have asked for.
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or telephone the Information Compliance Unit quoting the reference number above.

Yours sincerely

Mrs R Williams
Information Compliance Unit
Warwickshire Police & West Mercia Police
PO Box 55
01905 331545 / 331565
West Mercia Police in complying with their statutory duty under sections 1 and 11 of the Freedom of Information Act 2000 to release the enclosed information 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 The Force Solicitor, West Mercia Police Headquarters, PO Box 55, Hindlip, Worcester, WR3 8SP.
Are you unhappy with how your request has been handled or do you think the decision is incorrect?
You have the right to require West Mercia Police (WMP) to review their decision.
Prior to lodging a formal complaint you are welcome and encouraged to discuss the decision with the person 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 person named at the end of your decision letter.
That person will be able to discuss the decision, explain any issues and assist with any problems.
If you are dissatisfied with the handling procedures or the decision of WMP made under the Freedom of Information Act 2000 (the Act) regarding access to information, you can lodge a complaint with WMP to have the decision reviewed. WMP must be notified of your intention to complain within 20 working days of the date of its response to your Freedom of Information request. Complaints should be made in writing and addressed to:
West Mercia Police Headquarters
Information Compliance Unit
Hindlip Hall
PO Box 55
In all possible circumstances, WMP will aim to respond to your complaint within 2 months.
The Information Commissioner
After lodging a complaint with WMP 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 Alternatively, phone or write to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Phone: 01625 545700