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Section 40(5) of the Act provides:
Personal Information
(3) The duty to confirm or deny does not arise if, or to the extent that, compliance with
section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in
subsection (1)
The duty to confirm or deny-
(iii) does not arise in relation to information which is (or if it were held by the public authority
would be) exempt information by virtue of subsection (1), and
(iv) does not arise in relation to other information if or to the extent that either-
(a) the giving to a member of the public of the confirmation or denial that would have to be
given to comply with section 1(1)(a) would (apart from this Act) contravene any of the data
protection principles or section 10 of the [1998 c. 29.] Data Protection Act 1998 or would do
so if the exemptions in section 33A (1) of that Act were disregarded, or
(b) by virtue of any provision of Part IV of the [1998 c. 29.] Data Protection Act 1998 the
information is exempt from section 7(1)(a) of that Act (data subject's right to be informed
whether personal data being processed).
In complying with their statutory duty under sections 1 and 11 of the Freedom of Information
Act 2000 to release the enclosed information, the Metropolitan Police Service will not breach
the Copyright, Designs and Patents Act 1988. However, the rights of the copyright owner of
the enclosed information will continue to be protected by law. Applications for the copyright
owner’s written permission to reproduce any part of the attached information should be
addressed to MPS Directorate of Legal Services, 1st Floor (Victoria Block), New Scotland
Yard, Victoria, London, SW1H 0BG.
411,
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the decision is
incorrect?
You have the right to require the Metropolitan Police Service (MPS) to review their decision.
Prior to lodging a formal complaint, you are welcome to discuss the response with the case
officer who dealt with your request.
Complaint
If you are dissatisfied with the handling procedures or the decision of the MPS made under
the Freedom of Information Act 2000 (the Act) regarding access to information you can
lodge a complaint with the MPS to have the decision reviewed.
Complaints should be made in writing, within forty (40) working days from the date of the
refusal notice, and addressed to:
FOI Complaint Information Rights Unit PO Box 57192 London SW6 1SF foi@met.police.uk
In all possible circumstances the MPS will aim to respond to your complaint within 20
working days.
The Information Commissioner
After lodging a complaint with the MPS if you are still dissatisfied with the decision you may
make application to the Information Commissioner for a decision on whether the request for
information has been dealt with in accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner please visit
their website at www.ico.org.uk. Alternatively, phone or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire