Dorset Police

You asked for:FREEDOM OF INFORMATION REQUEST REFERENCE NO 2011-111All correspondence between Kate Hoey MP and Dorset police (with particular attentionto the Chief Constable’s office), between 01 January 2010 and 10 March 2011.I attach copies of two letters from Dorset police and one from Kate Hoey MP that are relevantto your request. The letters are complete except for a person’s name that has been redactedfrom the first paragraph of Kate Hoey’s letter.Dorset Police will not disclose this information to third parties. We would consider that,regardless of what has been published elsewhere, any such disclosure would breach the DataProtection Act and be specifically exempt from disclosure under Section 40(2) of the Freedomof Information Act (the Act).Section 17 of the Act requires Dorset Police, when refusing to provide such information(because the information is exempt) to provide you the applicant with a notice which: (a) statesthat fact, (b) specifies the exemption in question and (c) states (if that would not otherwise beapparent) why the exemption applies.The information that you request is not being disclosed because the exemption provided bySection 40(2) – Personal Information is engaged.In the context of your request, this exemption applies because the information that you areasking includes a reference to a third party. Those drafting the Act clearly considered that thedisclosure of such information would in most cases risk undermining individuals’ rights toprivacy and these rights still stand after the individual has provided information and madecomment to the press.Section 40(2) Personal Information of the Act relates to any requests for information in respectof third parties (anybody other than the requestor), where disclosure of such information wouldbreach the following Data Protection principles regarding personal data;1. It should be fairly and lawfully processed2. Processed for limited purposes6. Processed in line with the data subjects rights7. SecureIn this case, this exemption is engaged and applies to information that might identify a livingindividual. This notice therefore counts as a partial refusal of your request.Time taken to formulate response: 7 hours

Dorset PoliceProfessional Standards DepartmentFORCE HEADQUARTERSWINFRITH, DORCHESTER, DORSET DT2 8DZTelephone: 01929 462727Kate Hoey MPChairmanCountryside AlliancePehlam HouseLondon RoadMARLBOROUGHWiltshireSN8 2AAYour reference:In any reference please quote: CID/10/10NR.3769/APIf telephoning please ask for: Mr RedstoneDirect dial: 01202 223808Facsimile: 01202 223771E-mail: complaints&misconduct@dorset.pnn.police.ukDate: 14 February 2011Dear Ms HoeyI acknowledge receipt of your letter dated 7 February 2011 addressed to the Chief Constable, in whichyou refer to the misuse of private information relating to members of your organisation.There are two categories of complaint that can be made against the police. Firstly, a complaint relatingto the conduct of a person serving with the police in relation to the police code of conduct, which allofficers must abide by. This type of complaint is regulated by the Police Reform Act 2002 and would beone where a complainant has certain rights of appeal to the Independent Police ComplaintsCommission.The second category is one which complains about the direction and control of the organisation. Thesecomplaints often centre around how the Force is run, its policies and procedures and overall generalservice provided to the public. This type of complaint is not subject to an appeal process.I do not believe your complaint is regarding the conduct of an individual, but about the process/policyinvolved. Therefore I believe that your complaint falls into the category of direction and control, in that itis not a specific officer doing or omitting to do something, but a general lack of service to the issues youraise.I am therefore forwarding your correspondence to the Crime and Criminal Justice Command, which isresponsible for the issues you raise, and you will be contacted within 28 days.Please address any further correspondence in relation to this matter to Mrs J Milton, Crime and CriminalJustice Command, Force Headquarters, Dorset Police, Winfrith, Dorchester, Dorset, DT2 8DZ, ortelephone 01202 223752, quoting the reference number as above.You have a right to appeal against my decision not to record this as a conduct matter under the PoliceReform Act 2002, and I enclose a leaflet which will assist you should you choose to do so. Please beaware that you have 28 days from the date of postmark of this letter for the Independent PoliceComplaints Commission to receive your appeal.Yours sincerelyN REDSTONEHead of Complaints & Misconduct Unitenc