Request concerning a file reference 2486/17

Summary

The requester asked for information held under file reference 2486/17, but the Isle of Man Constabulary refused to disclose it under FOI, citing that the information is either already accessible via a fee or constitutes personal data exempt under the Data Protection Act.

Key Facts

• The request was received on 2017-05-09 and responded to on 2017-05-11.
• The authority stated that if the information exists, it is the requester's personal data.
• Disclosure is refused under Section 25 of the Freedom of Information Act 2015 to prevent a breach of the Data Protection Act 2002.
• The authority noted that the information might already be reasonably accessible via a fee structure outlined in a separate letter.
• Requesters seeking personal information are directed to make a request under the Data Protection Act instead.

Data Disclosed

• 2486/17
• 2017-05-09
• 2017-05-11
• IM87210I
• Section 20
• Section 25
• 2015
• 2002
• 1st October 2014
• 10 pages
• 999

Exemptions Cited

• Section 20 of the Freedom of Information Act 2015 (Information reasonably accessible)
• Section 25 of the Freedom of Information Act 2015 (Personal information/Data Protection Act 2002)

Data Tables (1)

Data Tables (reformatted)

Full Response Text

MEOIRYN SHEE-ELLAN VANNIN ISLE OF MAN CONSTABULARY Freedom of Information Department of Home Affairs Headquarters

Freedom of nformation Seyrsnys Fysseree 11 May 2017 REFERENCE NUMBER: IM87210I REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 ("the Act") Thank you for your request dated gth May 2017 Your request You asked for Request for the information as requested held under: Reference Number 2486/17 Response to your request All of the information you have requested is available in the method outlined within the letter that was sent to you from the Constabulary on 5th May 2017. Under section 20 of the Act we do not have to provide you with information if it is already reasonably accessible to you. In this case by payment of a fee outlined within our charging structures as attached (separate document). In this instance, if the information you request did exist or was held by us, an exemption under section 25 of the Act would apply to that information. This exemption would apply because it would constitute your personal information and as any disclosure under the Act is deemed to be a disclosure to the world; by either confirming or denying whether this information exists would breach the Data Protection Act 2002 (''DPA"). Any request for personal information about you should be made under the DPA and instructions for which are also attached (separate document). Page 1 of 2
f INVESTORS
8 IN PEOPLE Champion -" Freedom of Information Officer Complaints If you are not satisfied with the service you have received in relation to your request and wish to make a complaint or request a review of our decision you should write to the Head of Information Management, Information Management Department, Isle of Man Constabulary, Police Headquarters, Dukes Avenue, Douglas, ISLE OF MAN, IM2 4RG. If you are not satisfied with the outcome of your Force complaint or review, you may apply directly to the Isle of Man Information Commissioner, 1st Floor, Prospect House, Prospect Hill, Douglas, ISLE OF MAN, IMllET. Page 2 of 2 e  ,_ INVESTORS I Champion
8 IN PEOPLE -D Your right to request a review If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to The Freedom of Information Officer, Isle of Man Constabulary, Dukes Avenue, Douglas, Isle of Man, IM2 4RG. An electronic version and paper version of our complaint form can be found by going to our website. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.
If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or 2 Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at: https:// www.inforights.im/ Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about Freedom of Information requests can be found https://www.gov.im/about-the-government/freedom-of-information/ MEOIRYN SHEE-ELLAN VANNIN ISLE OF MAN CONSTABULARY Charges for details from Road Traffic Collisions, Civil & Miscellaneous Matters The following charges will be made for information supplied by the Police. These charges are effective from 1st October 2014. DESCRIPTION MISCELLANEOUS Fingerprints for official documentation Certification of official documents Certification of Photographs for passports / driving licences PHOTOCOPYING A4 per page (black & white) A4 per page ( colour) A3 per page (black & white) A3 per page (colour) STATEMENTS/ INTERVIEWS / RECORDED INFORMATION Per statement (up to 10 pages) Additional pages (per page) Copy of witness statement (where witness agrees to disclosure) Copy of witness statement (where witness has not agreed to disclosure - if agreed by Force Information Security Officer) Interview with Police Officer (after report has been supplied) Request for a statement to be written by a Police Officer Supply of copy of interview tape/CD * Supply of typed transcript of interview tape * Copies of video tapes Copy of 999 call Copy of CCTV footage (once permission sought) Charged if supplied to an authorised third pafTh or in addition to orioinal version OTHER REPORTS / INFORMATION Copy of Crime Report Copy of Registry File Summary (where no Crime Report is available) (also known as Summary of Facts) Copy of INET System entries Copy of Custody record * Copy of a Search Warrant (Property only) * Charged if supplied to an authorised third part'h or in addition to orioinal version CANCELLATION CHARGES If request is cancelled prior to search If the search is made before the request is cancelled If the search has been made and the documents are ready for dispatch IMPORTANT - PLEASE READ CHARGES £ 50.00 £ 15.00 £ 15.00 £ 0.75 £ 1.00 £ 1.25 £ 1.50 £ 50.00 £ 5.00 £ 50.00 £ 75.00 £185.00 £150.00 £120.00 £150.00 £ 80.00 £ 30.00 £100.00 £50.00 £50.00 £50.00 £50.00 £50.00 NIL £150.00 Full cost applies • All cheques should be made payable to the "Isle of Man Government" • Please note all non-electronic records are archived to an offsite storage facility after 4 years. A retrieval fee is applicable on any record in excess of 4 years in age, this will be required to be paid in full, prior to any retrieval work. MEOIRYN SHEE-ELLAN VANNIN ISLE OF MAN CONSTABULARY Charges for details from Road Traffic Collisions. Civil & Miscellaneous Matters The following charges will be made for information supplied by the Police. These charges are effective for all new enquiries received after 1st October 2014. Existing enquiries will be honoured at the previous rates. All che ues should be made a able to the "Isle of Man Government" DESCRIPTION CHARGES RETRIEVAL OF ARCHIVED INFORMATION Per file (files are archived after 4 years) £ 40.00 COLLISION REPORTS Limited particulars (name, address, insurance company, owner detail, £ 40.00 date and location) Basic Collision Report (includes report) £150.00 Forensic Collision Report (includes report, collision investigation £400.00 report, scale plan/sketch, vehicle examination report) Technical collision reconstruction recording / RelMo animation (if £ 80.00 requested separately) Mathematical Exhibit (if requested separately) £ 80.00 Copy of collision investigation report (if requested separately) £ 80.00 Copy of Scale Plan/sketch (if requested separately) £ 80.00 Copy of Vehicle Examination Report (if requested separately) £ 80.00 Copy of electronic media / raw data for serious/fatal collisions (if £ 30.00 requested separately) If exhibits contained within these items, may be subject to separate £ 50.00 per exhibit charae PHOTOGRAPHS - dependent on what is available in file Supply of full size colour photographs (each photograph) £ 25.00 Supply of full size colour photocopy (each copy/per sheet) £ 15.00 Booklet of thumbnail prints £ 40.00 CIVIL COURT PROCEEDINGS - ARRANGEMENTS MADE WITH APPROPRIATE DIVISIONAL COMMANDER Police Officer attending civil court (per hour) Constable£ 36.50 *Please note a minimum charge of 4 hours applies. Sergeant £ 40.80 In addition to the above, travelling expenses, accommodation and Inspector £ 50.50 subsistence allowance may be charged. A witness summons for service must not be sent directly to the Officer named on the Summons. All correspondence in connection with Officers appearing for civil cases should be addressed to the appropriate Divisional Commander. ISLE OF MAN CONSTABULARY HOW TO APPLY FOR ACCESS TO INFORMATION HELD BY THE ISLE OF MAN POLICE EVIDENCE OF CHARACTER Police Forces within the Isle of Man DO NOT issue documents variously described as 'certificates of good conduct' or Police 'clearance certificates', neither do they provide other evidence of good character. It should be noted that the exercise of your rights is provided under the Subject Access provisions of the Data Protection Act 2002, although this will not provide you with a certificate of this nature. YOUR RIGHTS Subject to certain exemptions, you have a right to be told whether any information is held about you, and a right to be provided with a copy of the information. The Chief Officer of Police will only be able to provide that information if satisfied of your identity. You are not entitled to information identifying another individual, unless they agree. If you think that information might be held about you that may identify another person, you should get their prior agreement and send it in with your application. CHIEF OFFICER'S RIGHTS You may find that not all of the information held about you has been provided. This is because there are exemptions which may prevent the disclosure of information held by the Police in relation to: • the prevention or detection of crime; or • the apprehension or prosecution of offenders, if providing the information would be likely to prejudice either of the above. In order to locate the information that may be held, and in order to confirm your identity, please provide all of the information requested. The Constabulary is required by the provisions of the Data Protection Act 2002, to provide you with the requested information within 40 days of receipt of this form, however, if you have any further queries regarding your application, please contact the Data Protection and Information Security Officer at the above address. The Constabulary is required by the provisions of the Data Protection Act 2002, to provide you with the requested information within 40 days of receipt of this form, however, if you have any further queries regarding your application, please contact the Data Protection and Information Security Officer at the above address. To obtain a copy of information held by police about you, there are now three options: For Isle of Man information only, please use form IOM and return it with the £10 fee, cheques made payable to the Isle of Man Government and send to: The Chief Constable Isle of Man Constabulary (Subject Access) Police Disclosures Team Department of Home Affairs Headquarters Tromode Road Douglas Isle of Man IM2 SPA For UK/Police National Computer information only, please use form ACRO and return it with the £10 fee (cheque /postal order only no cash) made payable to PCC for Hampshire to the ACRO address below: For Isle of Man and UK information, please use BOTH form IOM and form ACRO and return them both with the £10 fee (cheque /postal order only no cash) made payable to PCC for Hampshire to: ACRO (SAR) PO Box 662 Fareham P014 9LQ For proof of identity, two documents are required which between them clearly show your name, current postal address, date of birth and signature, for example: birth certificate, driving license, passport, medical card, bank statement, utility bill, rent agreement. DO NOT SEND ORIGINAL DOCUMENTS AS THESE WILL NOT BE RETURNED. Photocopies are now acceptable. Please note that it is still only one £10 fee whether you require either or both UK and IOM information. Alternatively, forms can be collected from any Isle of Man Police Station. I 1. ABOUT YOURSELF Title (Mr, Mrs, Miss, Dr) Surname/Family Name First Names Maiden/Former Names, or any other names used Date of Birth Gender: Male D Female D Place of Birth Height Home Address: Postcode Date From Date To Tel No: Email address: If you have lived at the above address for less than 10 years, please give your previous address for that period below, and indicate the dates you resided at that address. NB - If you have any convictions more than 10 years old, please provide previous addresses I .---, IJ 1s. TO HELP us FIND THE INFORMATION If the category of information you have requested refers to a specific offence or incident, please complete Section lb. Please complete a separate box in respect of different categories/incident/involvement. Continue on a separate sheet, in the same way, if necessary Were you: A person reporting the incident D A victim of an offence D A witness to an offence or incident D A person accused or convicted of an offence D i Other (Please provide information) ................................................................................................................. . ................................................................................................................................................................................. lC. ABOUT YOUR PROPERTY (where applicable) Make Model Registration Number Other 2. IOM CONSTABULARY INFORMATION The Isle of Man Constabulary also processes other categories of personal data. If you would like access to this information, including locally held non-recordable conviction information, please indicate the nature of the information/incident you wish to be provided with: 3. DECLARATION To the best of my knowledge and belief, the information provided on this form is correct and complete, and I am the person to whom it relates. NB: a person who impersonates or attempts to impersonate another may be guilty of an offence. Signature: Name: Date: Tel No: 4. CHECKLIST For Official Use Only: All sections of form Checked by ................ To be completed by the applicant: completed: D Have you: Fee received: D Completed All sections of the form D Cheque/Cash/PO Enclosed the correct fee D Identification Receipt No ............... Enclosed two different forms of I.D. D received: Indicated the categories of data D Passport/Driving Receipt date ............... required Licence/Birth Certificate/Medical D Card ID Documents D returned Return date .................