Invasion of Privacy

  • Reference Number: 3515
  • Date released: 20 December 2011

Request

I am writing to make an freedom of information request. In order to assist you with this request, I am outlining my query as specifically as possible. If however this request is too wide or too unclear, I would be grateful if you could contact me as I understand that under the act, you are required to advise and assist requesters.

1a. Has Cheshire Constabulary received any complaints that a journalist or photographer has invaded the privacy of a claimant from 2001 to present?

1b. If so, please identify how many times officers have received such complaints in which year.

2a. Has Cheshire Constabulary received any complaints that a journalist or photographer has intimidated or harassed a claimant from 2001 to present?

2b. If so, please identify how many times officers have received such complaints, in which year I am writing to make an freedom of information request. In order to assist you with this request, I am outlining my query as specifically as possible. If however this request is too wide or too unclear, I would be grateful if you could contact me as I understand that under the act, you are required to advise and assist requesters.

1a. Has Cheshire Constabulary received any complaints that a journalist or photographer has invaded the privacy of a claimant from 2001 to present?

1b. If so, please identify how many times officers have received such complaints in which year.

2a. Has Cheshire Constabulary received any complaints that a journalist or photographer has intimidated or harassed a claimant from 2001 to present?

2b. If so, please identify how many times officers have received such complaints, in which year.

Response

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

From our preliminary assessment, we estimate that compliance with your request would exceed the appropriate costs limit under section 12 of the Freedom of Information Act 2000. This is currently £450. The basis for this calculation is the cost of determining if the constabulary holds the information.

There are 3,341 recorded harassment offences from 2001 to present. To obtain the information required would involve reading through the MO/Occurrence enquiry log for each crime, it is estimated that it would take 3 minutes per crime, therefore it would take over 167 hours to complete your request. This exceeds the appropriate limit and your request is refused.

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 appropriate limit is defined in the Data Protection and Freedom of Information (Fees and Appropriate Limit) Regulations 2004, which is covered by statutory Instrument Number 3244 of 2004. Furthermore, Section 12 of the Freedom of Information Act 2000 allows a public authority to refuse to respond to a request for information where the cost of compliance would exceed the appropriate limit as defined by the above mentioned regulations.

Unfortunately, I am unable to suggest a way to refine your request down to a more manageable level, as to complete just one year would still be estimated to exceed the cost limits.

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