I am currently writing my dissertation on the use of online
social networks as an investigative tool, in particular in relation
to digital evidence and admissibility in Court. I am contacting you
because I read several news articles regarding people who were
jailed for using Facebook to incite disorder during the UK riots. I
would like to have information regarding the use of online social
networks due to the riots, including information regarding
admissibility of digital evidence during the court cases.
Under the Freedom of Information Act, could you please provide
me with all information regarding these cases? And could you please
let me know how long it wifi take to receive this information? My
dissertation is due in February. so I would appreciate if the
information could be sent within a sufficient timeframe (by
January, for example) .
In accordance with section 1(1) (b) of the Act our response is
provided below;
I have now considered your request and i am not obliged to
provide the information you have requested.
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 by virtue of:
Section 30 (1) (a) Investigations and Proceedings Conducted by
Public Authorities.
Section 40 (2) Personal Data
and in part Section 21(I) Information reasonably Accessible by
Other Means
I will explain Section 21 exemption first. Some of the
information that relates to the investigation of these offences was
summarised to the media at the time. Those summaries were
accurately reported in various news papers and by the main TV news
media. Such summaries can be accessed on line for example:
Latest News - Two more scheduled for court
Latest News - Two jailed inciting disorder
BBC News
England
Section 30 exemption which relates to the information that is
collected whilst conducting an investigation requires the
application of a public interest test.
Factors that favour disclosure include the general arguments in
favour of promoting transparency, accountability and participation.
Disclosure might enhance the quality of discussions generally.
Factors that weigh in favour of non disclosure include the
general recognition that it is the public interest to safeguard the
investigatory and prosecution process. The right of access should
not undermine the investigation and prosecution of criminal matters
nor dissuade individuals from coming forward to report wrong
doing.
It is a factor in these particular cases of the willingness of
members of the public to alert the police to these events. The
effect investigation and prosecution of crime requires the
protection of witnesses and informers to ensure that such people
are not deterred from making statements or reports by the fear that
they may be publicised.
On balance the public interest in the protection of the
investigatory process and witness and informers outweighs the
public interest in disclosing such detail to the world at
large.
Section 40 (2) relates to the personal data of persons other
than the applicant. (The applicants personal data in exempt by
Section 40 (1)
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, or
(ii) section 10 of that Act (right to prevent processing likely
to cause damage or distress), and
(c) 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.
In this case disclosure would breach Principle 1 of the Data
Protection Act 1998 and would be unlawful.