- 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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