Re: Notice of Intended Prosecution C24XXXXX Vehicle Registration
Number XXXXX
Please provide a copy of the photograph(s) on which this is
based as soon as possible, so I may identify the car and driver
correctly.
Please also provide full details of the most recent calibration
of the equipment prior to the alleged incident, together with the
number of notices that were rescinded in the previous 12 months
because of apparent errors in the equipment.
Please treat these requests under Section 7 (1) of the Data
Protection Act 1998 and Section 1 of the Freedom of Information Act
2000.
In accordance with section 1(1) (b) of the Freedom of
Information Act our response is provided below;
Photographs: I have now considered this part of your request and
I am not obliged to provide this information.
Section 17 of the Freedom of Information Act 2000 requires the
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.
The information is exempt information by virtue of:
Section 40 (1) Personal data of the Applicant
Section 40 (2) Personal data of third parties.
Section 40 (1) Any information to which a request for
information relates is exempt information if it constitutes
personal data of which the applicant is the data subject. This is
an absolute exemption.
As photographs from the speed camera show the registered number
of the vehicle, that information does constitute the personal data
of the owner/driver.
In addition as it cannot be known by the Constabulary on receipt
of this request that the applicant is either the owner/driver, the
following also applies:
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), 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.
In this case disclosure would breach principles 1 & 2 of the
Data Protection Act 1998 and would be unlawful.
Calibration Certificates: Attached 2011.3.24 and 2011.3.24b
Rescinded notices due to faulty equipment: None
Section 7 of the Data Protection Act 1998. Applications under
this provision can only be made in writing with proof of identity
and the relevant fee. For further information on your rights under
the Act and a link to the application form, please see the
following web pages:
Data Protection