Google

  • Reference Number: 1927
  • Date released: 02 July 2009

Request

I would like details of the number of information requests which your force has made to Google.com during the past two years regarding individuals using its search engine. Secondly, I would like details of the number of these requests which Google complied with.

Response

In accordance with section 1 (1) (b) of the Act our response is provided below;

Section of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at s1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at s1(1)(b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon section 17 of FOIA requires that we provide the applicant with a notice which: a) states that fact b) specifies the exemption(s) in question and c) states (if that would not otherwise be apparent) why the exemption applies.
The (police force) can neither confirm nor deny that it holds information relevant to your request as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions.


Section 24(2) National Security
Section 31(3) Law Enforcement


This refusal should not be taken to mean that the information you have requested exists or does not exist.
Insofar as sections 24(2) and 31(3) apply, I am satisfied that the balance of public interest lies in maintaining the exclusion of the duty to confirm whether information is held by the Constabulary.


Whilst there is a public interest in the transparency of the police service and their relationship to communications service providers, there is a very strong public interest in safeguarding both national security and the integrity of effective law enforcement in what can be highly sensitive areas, such as terrorism. To confirm or deny which police force has or has not dealt with Google would enable an individual to geographically map which forces use Google as an investigative tool, enabling those individuals to become aware of whether or not their activities have been detected. For example, to confirm that the Police liase with Google, by citing exemptions or stating no information held, would reveal to the world in general that they are a main communications service provider used by the Police Service. Such awareness would highlight to individuals of the criminal fraternity, which may include terrorist cells, which forces do and do not use Google.
No inference can be taken from this refusal that the information you have requested does or does not exist.

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