CHIS Contracts (5148_14)

Request

I should like to request the following information held by yourselves relating to contracts let by either the West Midlands Police, or the former West Midlands Police Authority or the Police and Crime Commissioner for the West Midlands between 1 January 2009 and 1 June 2014:

1. The name of the Supplier(s) of the software used during that time period by the West Midlands Police to manage applications and authorities under the Regulation of Investigatory Powers Act 2000 for directed surveillance and for the conduct and use of Covert Human Intelligence Sources (CHIS)

2. Total Contract Value – for the whole duration of the contract (if the total contract value is per annum please state this in the response)

3. Contract Duration – (please can you also include notes if the contract includes any contract extension periods)

4. Contract Extensions/Renewals – please state if the contract(s) have been renewed/extended, giving the date and duration of any renewal/extension

5. Contract Expiry Date(s)

6. Contract Review Date(s) – an approximate date of when the organisation is next planning to review this particular contract(s)

7. The person from within the organisation that is responsible for reviewing and renewing this particular contract. Please include their full name, job title, direct contact number and direct email address.

Response

I can confirm that some relevant information is held by West Midlands Police. However, while the majority of the information is attached to this email (5148_attachment_01.pdf) I am afraid that I am not required by statute to release all of the information requested. This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) for the name and contact details of the person from within the organisation that is responsible for reviewing and renewing this particular contract (question 7).

REASONS FOR DECISION

The Freedom of Information Act places two responsibilities on public authorities, the first of which is to confirm what information it holds and secondly to then disclose that information, unless exemptions apply.

In this case, this letter represents a Refusal Notice for the information that has been withheld (question 7). The information is exempt by virtue of the following exemption:

Section 40(2) – (Personal Information)

This exemption and explanatory notes are shown here:

http://www.west-midlands.police.uk/docs/advice-centre/foi/exemptions.pdf

Section 40(2) is an absolute and class based exemption if to release the information exists would breach the third party’s data protection rights. In this case to release this personal information would not constitute fair processing of the data and therefore would breach the first of the principles within the Data Protection Act 1998. As this exemption is class based I am not required to identify the harm in disclosure and in this instance I believe that the right to privacy outweighs any public interest in release.

However it should be noted that although I am refusing to release direct contact details with regards to this contract, enquiries with regards to this contract can be directed to the ICT Department via the following methods:

Telephone: 101

Email: contactus@west-midlands.pnn.police.uk

Attachments

5148_attachment_01

Bookmark the permalink.

Comments are closed