In accordance with section 1(1) (b) of the Act our response is
provided below;
Organisational Chart Finance
The Head of Finance is Deputy Chief Officer Mr Brian
Simmons.
The remainder of your request has now been considered and I am
not obliged to supply the information to you are requesting.
Section 17 of the Freedom of Information Act 2000 requires
Cheshire Constabulary, when refusing to provide such information
(because the information is exempt) to provide you with a notice
which a) states that fact, b) specifies the exemption in question
and c) states (if that would not otherwise be apparent) why the
exemption applies.
Reasons for Decision:
This information is exempt by virtue of the following
sections:
Section 40 (2) The personal data of third parties
Section 40(2) Any information to which a request for information
relates is also exempt information if -
(a) it constitutes personal data which does not fall within
subsection (1) (your own personal data), and
(b) either the first or the second condition below is
satisfied
(3) The first condition is:-
(a) in a case where the information falls within any of
paragraphs (a) to (d) of the definition of "data" in section 1(1)
of the Data Protection Act 1998, that the disclosure of the
information to a member of the public otherwise than under this Act
would contravene:-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely
to cause damage or distress), and
(b) in any other case, that the disclosure of the information to
a member of the public otherwise than under this Act would
contravene any of the data protection principles if the exemptions
in section 33A(1) of the Data Protection Act 1998 (which relates to
manual data held by public authorities) were disregarded.
(4) The second condition is that by virtue of any provision of
Part IV of the Data Protection Act 1998 the information is exempt
from section 7(1)(c) of that Act (data subject's right of access to
personal data).
The information you have requested is the personal data of third
parties and to release personal data would breach the principles of
the Data Protection Act 1998 and would be unlawful.
Staff employed by public authorities have the same rights as any
other employee in any organisation. The Constabulary has a duty of
care to its staff and we must ensure that our employees are free to
conduct their affairs the same as any body else. That includes
their right to carry out their chosen employment without being
subjected to unwarranted publicity if their roles are not public
facing roles. There are a number of staff who by the very role they
perform puts them in the public domain and those staff fully accept
that part of their role. For others there is no such requirement
and they have no expectation of having their names publicised
simply because they work in a certain department within the
Constabulary.