Leicestershire Police Guidance Freedom of Information Act 2000 Requests for Information 1. Introduction 1.1 Leicestershire Police is committed to ensuring that officers, staff and agents are conversant with and comply with the requirements of the Freedom of Information Act 2000 (FOIA). 1.2 The Freedom of Information Act 2000 places a responsibility on all public sector organisations to adopt an open and transparent approach in the completion of their functions. 1.3 Every employee or agent of the Police, has a duty under this Act to comply with its legislative requirements. 1.4 The Freedom of Information Act 2000 can be viewed on the legislation.gov.uk website: https://www.legislation.gov.uk/ukpga/2000/36/contents 2. Scope of the Act 2.1 The Act applies to all public sector organisations including the police service and is fully retrospective. 2.2 Any information held in any recorded format (electronic, written, audio or visual) or of any age by the Force may be disclosed, exemptions permitting. This includes information held by the Force that was obtained from any source, including private companies. 2.3 Anyone, from anywhere in the world can make a request for information which must be in writing or by email. Requests can also be received via the force social networking sites such as Facebook and Twitter. The Act does not allow an individual access to their personal information. Access to this information is covered by the Subject Access provisions of the EU General Data Protection Regulations 2016 and the Data Protection Act 2018. 2.4 The Act requires the Force to respond within a twenty working days deadline and to inform the person making the request if an extension is required.
3. Offences under the Act 3.1 Under Section 77(1) It is a criminal offence to alter or destroy information once a request has been received asking for that specific information. 3.2 Information will not be disclosed under the Act if, to do so would lead to a breach of any other legislation, such as the EU General Data Protection Regulations 2016, the Data Protection Act 2018. or the Human Rights Act 1998. 4. Requests Processing 4.1 Any employee, in any location within the Force, may receive a request for information which will fall into two main categories: - 4.1.1 Many requests for information will continue to be processed under the heading of Business as Usual and will not be recognised as an FOI request. (ACPO Business as Usual philosophy document at Appendix A.) 4.1.2 All requests which mention the Freedom of Information Act as well as any which do not fall within the Business as Usual category must be immediately (preferably as a scanned image or fax with the hard copy to follow in the post) forwarded to the Disclosure Team, Information Management, professional Standards Department. 4.1.3 If a request is received via the force Facebook or Twitter page, the relevant entry must be passed immediately to the Disclosure Team. This can be done via email by copying the request and quoting the date and time the message was posted and the username of the requestor. 4.2 If a verbal request quoting the FOIA is received the person should be referred to the Force web site which contains a direct email link to the Disclosure Team, Information Management as the Act requires requests to be in writing or by email. 4.3 The Disclosure Team will liaise with the requestor regarding any anomalies. 4.4 The Disclosure Team will enter and scan the request onto CycFreedom, their Request Management System and formally acknowledge the request. The disclosure team will then email the request to the person who is most likely to hold the information requested. It is the duty of this person to provide the information which can be disclosed under the Act to the disclosure team if they are able to do so. 4.5 Any member of the Force receiving such an email must treat this as a priority due to the statutory time limit of 20 working days and must notify the Disclosure Team immediately if it is likely that the time limit will be exceeded. PAGE 2 OF 5
4.6 Forces are required to spend up to 18 hours extracting the information to respond to a request. If it appears likely that the 18 hours will be exceeded, the Disclosure Team should be notified ASAP for advice on how to proceed. This will ensure that an appropriate response to the request can be prepared with a minimum of effort. 4.7 Requests processed by the Disclosure Team are done so in conjunction with the National Police freedom of Information and Data Protection Unit (NPFDU) to ensure consistency of approach throughout the Police Service. 4.8 In responding to requests, the Police APP on FOI is followed: https://www.app.college.police.uk/app-content/informationmanagement/freedom-of-information/ A full copy of the ACPO FOIA Manual of Guidance can be viewed on the following website: https://www.npcc.police.uk/documents/foi%20publication/disclosure%20 Logs/Information%20Management%20FOI/2012/118%2012%20Att%200 1%20of%207%20FOI%20MOG%20V1.pdf 4.9 If the holder of the information believes that harm would be caused to an individual, the Force, the police service or the wider community through the disclosure of information in response to an FOIA request it is important to contact the Disclosure Team. The Disclosure Team will provide advice on the application of exemptions from disclosure which are part of the legislation. If there is any conflict of opinion regarding disclosure this will be referred to the Information Manager. 4.10 A copy of all correspondence, information held, information provided and exemptions applied will be held for each request on CycFreedom. 5. Interaction with the EU General Data Protection Regulations 2016 and the Data Protection Act 2018. 5.1 The FOIA extended the provision of the rights given under the DPA for persons to request information held by public sector organisations. It made several other specific changes to the DPA but probably the most significant is that it extended the definition of what manual systems were included although there are some exemptions this change has meant that any requests from an individual for a copy of information held about themselves by the Force (the Subject Access right) and now FOIA requests cover virtually our entire manual filing system. FOIA enable any person in the world to request information from any public sector organisation, whether for personal or non-personal data. When a request is for personal information under FOIA, it must still be dealt with in accordance with the provisions of the DPA. PAGE 3 OF 5
5.2 Further information on dealing with a request under the DPA can be found at: https://www.npcc.police.uk/freedomofinformation/foiandsubjectaccess Requests/FOIandSubjectAccessRequests.aspx Police staff can find further information on FOI procedure in Information Management Policy. 6. Specific Roles & Responsibilities 6.1 Chief Officer Information The Deputy Chief Constable, as Chair of the Force Information Management Board, has overall responsibility for the management of information within the Force, ensuring that the Force is meeting its statutory obligations. 6.2 The Information Manager is responsible for: - Monitoring the Forces compliance with the FOIA; Overseeing the FOI request procedure; Ensuring that guidance is available on the CAT; Promoting awareness through training, policy development, advice and guidance; Monitoring the Force web-based publication scheme to ensure it is updated in accordance with the APP & ACPO (NPCC) guidance; Ensure that appeals are processed as required under the Act. 6.3 The Disclosure Officer is responsible for: - Ensuring that requests for information are complied with in line with the requirements of the Act; That relevant exemptions to disclosure of information are applied where necessary; Ensure that requests for information are complied with in line with the Act and within the twenty working day deadline; Ensure that staff liaise with the ACPO FOI Portfolio Group and the Information Commissioner where necessary; Ensure disclosures are in accordance with other legislation, e.g. Data Protection Act, Human Rights Act etc. 6.4 All Managers / Supervisors / Staff It is the responsibility of all employees to ensure that they posses a basic understanding of the FOIA and the role they play in helping the Police to comply with its requirements. 7. Appeals Process PAGE 4 OF 5
7.1 If, for any reason, an applicant is not satisfied with the response they receive, their complaint should be processed in accordance with the Disclosure Review / Dispute Procedure. Appendix A ACPO Business As Usual Philosophy Under ACPO Guidance, the following requests for information should be handled locally within business units in accordance with existing business processes: Information requested by Local Authorities and other statutory agencies in line with Crime and Disorder Protocols and the functions of multi-agency public protection panels (all other LA/Councillor Enquiries through FOI). Information requested by other Public Authorities (who do not stipulate the request is under the FOIA) in relation to information sharing on individuals or law enforcement activities. Information requested from private companies who are providing outsourced services to Forces. Provision of Court Welfare Reports to Courts for Child access Enquiries. Data Protection Subject Access (Where no 3 rd Party info involved). Probation Service Welfare Reports/Supply of Pre-cons to Probation Service (inc. Victim Personal Statement Scheme). RTI Disclosures to Solicitors, Insurance Companies and Loss Adjusters. Information Supplied to Insurance Companies and Loss Adjusters under the ACPO/ABI Memorandum of Understanding. Information requested by the Passport Agency in line with the Memorandum of Understanding. Third Party Prosecutions (where pre-cons are supplied) by statutory agencies such as Inland Revenue, Benefits Agency or Customs and Excise etc. Prior-court Disclosures (Criminal Justice Act). Disclosure to CPS Lawyers where it involves prospective, ongoing or previous prosecutions. Information requested by Courts in relation to ongoing prosecutions (other than CJA go through Force Solicitors). Information requested by Coroner s Courts. CRB Vetting Disclosures. Disclosures to Victim Support Service (New Agreement). Requests from UK Police Forces in the process of Crime investigation or passing of criminal intelligence. Requests from Overseas Police Forces (through Force Intelligence Bureau -Interpol) or SB. Requests from the Fire Service under Local Agreements for Joint Investigations of complaints of Arson. CICA Requests (Through Crime Managers). Request from External Organisations for Personnel References. Requests from Occupation Health (where external organisation) about employees working or Force Policies. Requests from Trade Unions in relation to complaints investigation. Media Enquiries that relate to requests for press lines for ongoing and current investigations Requests for recruitment information. Requests for Force pre-printed leaflets Requests about Special Service Agreements from sports stadia or other public entertainment venues. Requests for information made by Criminal Cases Review Commission (CCRC). Oct 2018 PAGE 5 OF 5