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Our Ref: 008647/16 Our Ref: 008647/16 Freedom of Information Section Nottinghamshire Police HQ Sherwood Lodge, Arnold Nottingham NG5 8PP Tel: 101 Ext 800 2507 Fax: 0115 967 2896 10 January 2017 Dear Request under the Freedom of Information Act 2000 (FOIA) I write in connection with your request for information, which was received by Nottinghamshire Police on 29/11/2016. Following receipt of your request searches were conducted within Nottinghamshire Police to locate the information you require. RESPONSE Would you be able to provide details on the information being recorded on the cameras that were mounted on the street lighting on Gateford Road, Worksop opposite the junction for Lady Walk please Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, 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 Section 1(1)(b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon s17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies. Nottinghamshire Police can neither confirm nor deny that it holds any information in relation to the matters referred to in your request as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions: Section 24(2) National Security Section 31(3) Law enforcement Sections 24 and 31 are prejudice based qualified exemptions and there is a requirement to articulate the harm that would be caused in confirming or not that the information is held as well as carrying out a public interest test. Harm in confirming or denying whether information is held for Section 24 and Section 31 Nottinghamshire Police are charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. Confirmation of whether we hold this information would be likely to undermine the operational integrity of cameras deployed by the police. If we confirm that we hold information in this specific case, it would have ramifications for the broader issue of cameras being used in our policing activities. To confirm or deny whether any information is held relating to specific cameras could cause a significant risk to the future law enforcement capability of the Force. Criminals could use this information to map out their activities and alter their behaviour so as to avoid detection. This would adversely affect public safety, and have a negative impact on national security and law enforcement. To provide confirmation or denial would be detrimental to the successful deployment of cameras throughout the Nottinghamshire area and the work associated with other agencies in the future, as cameras are used as a policing tactic to identify offenders. Confirmation or denial as to whether we hold any information in connection with this request would provide useful resource information for those who may wish to disrupt the work of such areas. Additionally, any confirmation or denial would undermine our force wide use of cameras which in turn, would equip any extremist group with an understanding of the level of activity that would need to be mounted to overcome this policing tactic. Confirming whether or not the specific information is held would impact upon Nottinghamshire Police’s operational and tactical capabilities. Public interest test Factors favouring confirmation or denial for S24 – Providing confirmation or denial as to the extent of operational tactics that might be used by the police service to effectively safeguard matters of national security would improve public confidence in the work of the police and reassure them that the services and equipment available to the police are appropriate, fit for purpose and robust. Factors against confirmation or denial for S24 – If Nottinghamshire Police were to confirm or deny that such information was or was not held, this could prejudice the Government’s ability to maintain national security. It is not in the public interest to disclose the capabilities of the police service and other UK authorities and the techniques that they may or may not use to safeguard the country. This would allow determined individuals the ability to, over time, identify which public authorities hold certain types of national security information and which do not, thereby allowing inferences to be drawn about what authorities or bodies might have an interest in certain matters of national security. Any response that has the potential to undermine on-going and future operations to protect the security of the United Kingdom would significantly increase the risk of harm to the community at large. Such actions would obviously not be in the best interest of the public. Providing any notice that confirms or denies the existence of specific policing systems would make these security measures less effective. This would lead to the compromise of ongoing or future operations to protect the security or infrastructure of the UK and increase the risk of harm to the public which would not be in the best interest of the general public. Factors favouring confirmation or denial for S31 Nottinghamshire Police acknowledges that there is an argument in confirming whether a specific camera is actually being operated by the police as this would improve accountability in the use of public funds and transparency of operation. By providing this confirmation or denial, this would enhance the Force’s open and transparent approach to policing within the community. Factors against confirmation or denial for S31 By confirming or denying whether any information is held, law enforcement tactics would be compromised which would hinder the prevention and detection of crime and place members of the public at risk. If we provide confirmation on what cameras the police use to undertake our policing activities it would assist offenders with 'mapping' the location of police operated cameras within the Nottinghamshire area. Confirmation or denial in this specific case would weaken the broader arguments surrounding the fact that cameras are used by the police as a mechanism to monitor criminal activity and confirming that this specific camera is operated by us could prejudice our activities. Any confirmation also has the potential advantage of affording criminals the advantage of being able to evade certain routes monitored if they know that a camera was in operation by the police for a specific purpose. The operational effectiveness of our cameras would be severely hampered. Balance test To confirm or deny that information is held in relation to this specific camera may identify the provenance and potentially the purpose of it into the public domain. Should further requests be received relating to other cameras and a consistent NCND approach is not adopted across the board, it may be possible for individuals to identify and chart all police related cameras and use this information to avoid detection. As such, it is our decision that the public interest favours neither confirming nor denying that information is held in this case. No inference can be drawn from these facts that any information does or does not exist. Complaints Rights Your attention is drawn to the enclosed review procedure, which details your right of complaint. Copyright Nottinghamshire Police in complying with their statutory duty under Sections 1 and 11 of the Freedom of Information Act 2000 (FOIA) 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, Nottinghamshire Police, Force Headquarters, Sherwood Lodge, Arnold, Nottinghamshire, NG5 8PP. I would like to take this opportunity to thank you for your interest in Nottinghamshire Police. Should you have any further enquiries concerning this matter, please write or contact the Freedom of Information Officer on telephone number 0115 9672507 or e-mail [email protected] quoting the above reference number. Yours sincerely Disclosure Officer Are you dissatisfied with your response? Nottinghamshire Police has a duty to implement a complaints process in relation to Freedom of Information Act requests. If you are not content with our response, you may appeal, this process is known as an ‘Internal Review’ Internal reviews are intended to be a fair and impartial means of reviewing the original request process. You can appeal about your request if you:- Disagree with the Forces interpretation of your request; Believe the Force hold more information than has been disclosed to you; Disagree with the application of exemptions; How do I appeal? All appeals should be made in writing and sent to:- Information Management Nottinghamshire Police Force Headquarters Sherwood Lodge Arnold Notts NG5 8PP or alternatively [email protected] To deal with your appeal as quickly as possible please provide the unique identification number provided with your response and the reasons for your appeal. Once we have received your request for appeal, your FOI response will be reviewed in full to identify any problems in the disclosure. The review will be undertaken by someone different from, and preferably senior to, the original decision maker and this should be completed within 20 working days from receipt, in exceptional circumstances it may be extended by a further 20 working days. What if I’m still not satisfied? You can appeal to the Information Commissioner. You can contact the Information Commissioner Office at the following:- Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate) E-mail: [email protected] .
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