Staffordshire PCC Appeal
BEFORE THE INFORMATION COMMISSIONER BETWEEN PRIVACY INTERNATIONAL Applicant - and - STAFFORDSHIRE POLICE AND CRIME COMMISSIONER Respondent _______________________________ GROUNDS OF APPEAL _______________________________ I. Introduction and Summary 1. The Applicant is Privacy International, a registered UK charity, campaigning for the right to privacy. 2. On 1 November 2016, Privacy International wrote to the Staffordshire Police and Crime Commissioner (“PCC”), Home Office, National Police Chiefs Council, National Crime Agency, Metropolitan Police Service, South Yorkshire Police, Avon and Somerset PCC, Kent PCC, Warwickshire PCC, West Mercia PCC and West Midlands PCC requesting information about the purchase and use of mobile phone surveillance equipment by the police forces and the regulatory and oversight regime governing the use of such equipment. This equipment can be referred to using a range of terms, including “Covert Communications Data Capture” (“CCDC”) equipment, “IMSI Catchers”, “IMSI Grabbers”, “Cell site simulators” and “Stingrays”. In these grounds, this equipment is hereafter referred to as “IMSI Catchers”. Privacy International’s initial request to the Staffordshire PCC is annexed to these grounds as Exhibit A. 3. On 15 December 2017, Privacy International submitted grounds of appeal to the Commissioner, following the Staffordshire PCC’s failure to respond to the initial request for information. Those grounds are annexed to these grounds as Exhibit B. 4. On 8 January 2018, the Commissioner issued a decision notice finding that the Staffordshire PCC had breached sections 1(1) and 10(1) of the Freedom of Information Act (“FOIA”) 2000 by failing “to provide a valid response to the request within 20 working days.” The Commissioner further directed the Staffordshire PCC “to comply with the request or to issue a valid refusal notice as set out in section 17” within 35 calendar days of the decision notice.
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