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C/O PO BOX 481 Fareham Hampshire PO14 9FS Tel: 02380 478922 c/o PO BOX 481 Fareham Hampshire PO14 9FS Tel: 02380 478922 Email: [email protected] 16/01/2020 FREEDOM OF INFORMATION REQUEST REFERENCE NUMBER: 248/19 Thank you for your request for information regarding PNC access which has now been considered. Applicant Question: 1. A list of all non-Government bodies who have direct access to the Police National Computer. By "non-Government bodies", I refer to those companies or organisations that are privately- ran and privately-owned. 2. A copy of any terms of reference or agreement relating to PNC access for the company My Local Bobby (MLB). 3. A copy of any terms of reference or agreement relating to PNC access for the company TM- Eye. NPCC Response: The NPCC does hold information captured by part 1 of your request and I have pleasure in providing the following information: The following list details information recorded by PIAP (Police National Computer / Databases Information Access Panel). This may not include all agencies and you may wish to make a request with the Home Office. Access to PNC Access NI ACPO Criminal Records Office Charities Commission for England & Wales Children and Family Court Advisory and Support Service (Cafcass) College of Policing Competition and Markets Authority Criminal Cases Review Commission D.V.L.A. Disclosure and Barring Service Department for Work and Pension Disclosure Scotland DVSA (Driver and Vehicle Standards Agency) 1st Floor, 10 Victoria Street, London SW1H 0NN T 020 7084 8950 F 020 7084 8951 Environment Agency Financial Conduct Authority Gangmaster and Labour Abuse Authority Guernsey Police Health & Safety Executive Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services- HMICFRS Highways England HM Prison and Probation Service HM Revenue & Customs Home Office House of Commons, House of Lords Independent Office for Police Conduct (IOPC) Isle of Man Police Jersey Customs & Immigration Jersey Financial Services Commission (JFSC) Marine Management Organisation Medicines and Healthcare Regulatory Authority Mersey Tunnels Police Ministry of Defence Police Ministry of Justice MoD National Air Traffic Services Ltd. National Assembly for Wales National Health Service (Counter Fraud Operational Services) Natural Resources for Wales Port of Liverpool Police Port of Tilbury Police Post Office Royal Mail Scottish Police Authority Scottish Society for the Prevention of Cruelty to Animals Scottish Environment Protection Agency Serious Fraud Office Service Police Crime Bureau (Army Provost RMP) States of Jersey Police The Civil Nuclear Constabulary (UKAEAC) The Insolvency Service Trading Standards The NPCC does hold information captured by part two of your request and I have pleasure in providing the following information with minor redaction. Information Sharing Agreement: NPCC and TM EYE LTD and Bark and Co Solicitors 27/06/2018 Information Sharing Agreement: NPCC and TM EYE LTD and Edmonds Marshall McMahon 30/08/2018 Extension of Information Sharing Agreement: ACRO to Cark & Co Solicitors 06/08/2019 Extension of Information Sharing Agreement 01/10/2019 Section 17 of the Freedom of Information Act 2000 requires the NPCC, when refusing to provide information by way of exemption, to provide you with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states why the exemption applies. In accordance with the Freedom of Information Act 2000 this letter acts as a refusal notice to those aspects of your request. I have identified where redactions have taken place and in doing so stated the exemption that applies to each redaction. S31 Law Enforcement – the legislation: (1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice – (a) The prevention or detection of crime (b) The apprehension or prosecution of offenders Some email addresses are contained within the correspondence and disclosure of direct contact details would enable an individual, intent on committing an offence to make contact with the department, pose as a police officer or member of police staff and try to glean information which would assist in their offending behaviour. Disclosing information which may place the public at risk, or make it easier for crime to be committed cannot be in the public interest. Disclosing information which may place the public at risk, or make it easier for crime to be committed cannot be in the public interest. The police service primary performance indicator is the reduction of crime, and disclosure which has a negative impact on that agenda affects public trust in policing and in this case may make it more difficult to police. With regard the evidence of harm itself, there is a threshold that requires the predicted issues to be ‘more than likely’. In the case of an offender identifying full investigative techniques or gleaning information which would assist in offending behaviour can be difficult to establish and evidence the harm without actually disclosing exempt information. However, the principles are well established in terms of Freedom of Information legislation that to a certain extent the professional opinion of the police must be taken into account. Section 40 Personal Information – the legislation: (1) Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject. (2) Any information to which a request for information relates is also exempt information if- (a) It constitutes personal data which do not fall within subsection (1), and (b) Either the first, second or third condition is satisfied (3A) The first condition is that the disclosure of the information to a member of the public otherwise than under this Act- (a) Would contravene any of the data protection principles, or (b) Would do so if the exemptions in section 24(10 of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded. (3B) The Second condition is that the disclosure of the information to a member of the public otherwise than under this Act would contravene Article 21 of the GDPR (general processing: right to object to processing). (4A) The third condition is that- (a) On a request under Article 15(1) of the GDPR (general processing: right of access by the data subject) for access to personal data, the information would be withheld in reliance on provision made by or under section 14, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act 2018, or (b) On a request under section 45(1)(b) of that Act (law enforcement processing: right of access by the data subject), the information would be withheld in reliance on subsection (4) of that section. S40 is an absolute exemption and there is no requirement for me to conduct a public interest test. Additionally, the versions that you have been provided with are ‘word’ versions that I have been able to amend (redact) and save as a pdf prior to release. ACRO does hold pdf versions that are signed but unfortunately, when reformatting to enable redactions, the text becomes distorted. I have printed and scanned in these pages and sent as a separate attachment. I hope this meets with your convenience. In addition the NPCC can neither confirm nor deny that it holds any other information relevant to the request, as the duty to comply with Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of Section 23(5) – Information Supplied by or Concerning Certain Security Bodies. Yours sincerely Sherry Traquair NPCC Freedom of Information Officer & Decision Maker www.npcc.police.uk COMPLAINT RIGHTS Internal Review If you are dissatisfied with the response you have been provided with, in compliance with the Freedom of Information legislation, you can lodge a complaint with NPCC to have the decision reviewed within 20 working days of the date of this response. The handling of your request will be looked at by someone independent of the original decision, and a fresh response provided. It would be helpful, if requesting a review, for you to articulate in detail the reasons you are not satisfied with this reply. If you would like to request a review, please write or send an email to NPCC Freedom of Information, c/o PO Box 481, Fareham, Hampshire, PO14 9FS. If, after lodging a complaint with NPCC, you are still unhappy with the outcome, you may make an application to the Information Commissioner at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. .
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