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The Freedom of Information (FOI) Act 2000 received Royal Assent on 30th November 2000. It gives a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right and places a number of obligations on public authorities. A ‘public authority’ is defined in the Act, and includes but is not restricted to central and local government, non-departmental public bodies, the police, the health service and schools, colleges and universities. Any person who makes a request to a public authority for information must be informed whether the public authority holds that information and, subject to exemptions, supplied with that information.
Under the FOI Act all Police Authorities including Cambridgeshire must have a Publication Scheme setting out the information we routinely make publicly available. Our scheme must be approved by the Information Commissioner and we have to review the scheme from time to time. In adopting (or reviewing) our Publication Scheme, we are required to have regard to the public interest in:
Our publication scheme must:
The purpose of our Publication Scheme is to let you know what information is readily available from us without your needing to ask us for it. By readily available, we mean that the information is available on our website; can be obtained from us if you request it by letter, e-mail or telephone call; can be purchased from us; or can be found in a local library. Part 2 of our Publication Scheme sets out the classes or types of information that we publish or intend to publish. Part 3, our list of publications, supports the Publication Scheme. It lists specific publications we make available, how they can be obtained and whether they are free or if we will ask you to pay a charge.
The Freedom of Information (FOI) Act 2000 will give you a right of access to recorded information held by public authorities, subject to certain exemptions. The FOI Act applies to the vast majority of public authorities, including Cambridgeshire Police Authority. When the FOI Act comes into force fully on 1st January 2005, if you ask us for information we will be required to:
We also have a duty to provide advice or assistance to you or anyone seeking information (for example in order to explain what is readily available or to clarify what is wanted). Further information with regard to Individual Rights of Access will be provided nearer to 2005. Such information will include contact details, how to obtain assistance and our appeals procedure. Full access rights under the Freedom of Information Act will come into force on 1st January 2005.
The Chief Executive of Cambridgeshire Police Authority has overall responsibility for our Publication Scheme. The person responsible for maintaining and managing the Publication Scheme is:
Philip Peaston
Telephone: 0845 345 4335 Contacting Cambridgeshire Police Authority If you wish to obtain a hard copy of our Publication Scheme or any of the publications contained in our list of publications in Part 3, you may write to, e-mail or telephone us at: Cambridgeshire Police Authority
Telephone: 0845 345 4335
Cambridgeshire Police Authority reserves the right to make a charge for providing materials under the Freedom of Information Scheme. However, we aim to provide most of our information for free and we hope to keep it that way. All the information found on our website can be downloaded free of charge. The user will, of course, have to meet any charges made by their own Internet service provider and/or telephone company as well as any personal costs for photocopying, etc. Where there is a significant direct cost involved in providing copies of documents, such as multiple copies, photocopies, archived material or postage costs, for example, we may pass these costs on to you, either partially or fully. If we intend to charge you, we will give you an approximate cost and will only proceed with your request when you have given your approval. You will have to pay in advance. Final decisions regarding charging for documents will be taken by the Chief Executive and Clerk to the Authority.
If you have any comments on our Publication Scheme or feel that the Scheme could be improved, you should write, in the first instance, to:
Philip Peaston
Telephone: 0845 345 4335
If you think we have not supplied information in accordance with our Scheme, then you should write, in the first instance, to:
Philip Peaston
Telephone: 0845 345 4335 We aim to deal with your complaint within 28 working days. If you are dissatisfied with the response you can ask for the matter to be internally reviewed. We aim to complete an internal review and respond to you within a further 28 working days. If, after the internal review, you remain dissatisfied then you can complain to the Information Commissioner.
We will review our Publication Scheme in early 2005.
If you require a copy of this scheme in any other language or format please contact Cambridgeshire Police Authority at the address above and we will endeavour to meet your needs.
Different bodies might own the copyright of material contained in our Scheme:
For material where we own the copyright, it can be reproduced free of charge in any format or medium for research, private study or for internal circulation within an organisation. This is subject to the material being reproduced accurately and not being used in a misleading context. Where material is being republished or copied to others, the source of the material must be identified and our copyright acknowledged. The Cambridgeshire Police Authority logo is also copyrighted and may not be reproduced other than as it appears on copied material.
Some material we include in our Scheme may be the copyright of a third party. Our rights to hold and use such material do not extend to others. You must obtain authorisation from the copyright holder(s) concerned if you wish to copy or reproduce such material.
Under the Data Protection Act 1998, you already have a statutory right to have access to personal data we hold about you on computer or in a structured manual file (ie. on paper). You also have the right to expect us, as the data controller, to ensure that data is:
For the purposes of the 1998 Act, “personal data” is information that relates to a living identifiable person. The person or organisation who controls the purpose and manner in which data is processed is the “data controller”. More information on the Data Protection Act can be found on the website of the Information Commissioner www.informationcommissioner.gov.uk or from the address given below.
Where we are the data controller, you are entitled to be told whether we hold data about you, and if we do:
You are also entitled to a copy of the information with any unintelligible terms, acronyms or codes explained. You will also be given any information available to us on the source of the data. The data will be in its latest form. If you wish to apply for access to your personal data, known as “a subject access request”, you should write to us at the above address. A fee of £10 must accompany your request together with proof of your identity. We also need to be supplied with the details needed to locate the information you seek. A request for access to personal data will be dealt with promptly and in any event within 40 days of receipt of the request and payment of the fee. If you consider that a request by you for access to your personal data has not been dealt with properly you may:
The Information Commissioner is empowered to assess whether there has been a failure to comply with the 1998 Act. The Commissioner can issue enforcement proceedings if satisfied that there has been a contravention of the data protection principles. The Commissioner can also recommend that you apply to court alleging a failure to comply with the subject access provisions of the 1998 Act. The court may make an order requiring compliance with those provisions and may also award compensation for any damages you have suffered as well as any associated distress.
In many cases, it is the police and not the police authority who hold personal information. The Police National Computer includes information on prosecutions, convictions and cautions. Chief Officers of Police are the “data controllers” for this information and not Cambridgeshire Police Authority. You have a right to be told by a Chief Officer whether any information is held about you on the Police National Computer and a right to a copy of that information. The Chief Officer will give that information if he is satisfied as to your identity and on payment of a fee of £10. The Chief Officer may deny access to this information where the information is held for the prevention or detection of crime or for the apprehension or prosecution of offenders and where release of the information would be likely to be prejudicial to any of these purposes. Police forces provide a form to simplify the exercise of your subject access rights to PNC information. In the case of Cambridgeshire Police, you should contact:- Force Data Protection Officer Telephone: 08454 564564
If you wish to make a request for information under the Environmental Information Regulations (EIR), you should write to:
Philip Peaston
Telephone: 0845 345 4335
Cambridgeshire Police Authority Role and Responsibilities The Cambridgeshire Police Authority is an independent body made up of local people. It is our job to ensure that there is an efficient and effective police force for Cambridgeshire and to make sure that the chief officer and force are accountable to you in carrying out their responsibilities and serving our communities. The Cambridgeshire Police Authority sets the strategic direction for policing in Cambridgeshire and holds the chief officer to account for the policing service delivered. Delivery of local policing services is the job of the chief officer of police. We have a number of statutory duties and responsibilities. The main ones are to:
A more detailed list of our responsibilities can be found at Annex A to this scheme. It might help you to know that police operations are the responsibility of the chief officer and force and information on individuals is more likely to be held by the police that the police authority. |
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