What information is held by the police on The Consulting Association?

On a whim I put in a Freedom of Information request into West Mercia police as it covered the area where The Consulting Association was based.

I wanted to know if it had any information on TCA and/or on Ian Kerr who ran it on behalf of the construction industry as a secret vetting service. Partly this was sparked because the Economic League used to have good contacts with Special Branch as part of its modus operandi.

I wasn't massively hopeful about getting much of a response as I can think of at least two exemptions it might fall foul of (personal information and law enforcement).

And that assumes there was any link.

So today's letter from West Mercia wasn't too surprising but perhaps there is a nugget of interest if you keep reading.

FREEDOM OF INFORMATION REQUEST REFERENCE NO: RFI 2194/1

Firstly, the information I asked for on Ian Kerr was refused:

Your request for information has now been considered and I am not obliged to supply the information you have requested.

In accordance with the Act, this letter represents a Refusal Notice for this particular request.  West Mercia Police can neither confirm nor deny that it holds the information you requested as the duty in s1 (1) (a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemption:

Section 40(5): personal information

Any information that relates to an individual, or from which an individual could be identified, constitutes personal data and to release information that constitutes personal data into the public domain contravenes the Data Protection Act 1998.

The information that you have requested pertains to that of a third party and to confirm or deny that we hold information in relation to yourselves or a third party under the Freedom of Information legislation would in itself place such information into the public domain and would be in breach of the Data Protection principles, it is therefore exempt from disclosure, the exemption that applies to this type of information is Section 40 of the Freedom of Information Act 2000.

This action cannot be taken as confirmation or denial that West Mercia holds the information you have asked for.

I also asked about any information the force holds with regards to The Consulting Association. This was the response:

Your request for information has now been considered and I am not obliged to supply the information you have requested.

In accordance with the Act, this letter represents a Refusal Notice for this particular request.  West Mercia Police can neither confirm nor deny that it holds the information you requested as the duty in s1 (1) (a) of the Freedom of Information Act 2000 does not apply, by virtue of the following exemptions:

Section 23(5) Information relating to Security Services

Section 24(2) National Security

Section 30(3) Criminal Investigations

Section 31(3) Law enforcement

Section 38(2) Health and Safety

Section 40(5) Personal Information

If West Mercia Police states that no information is held for one request about an individual or group but then exempts for another, requestors will obviously be able to deduce with absolute accuracy what subjects or group’s police have an interest in.  Similarly we never release details of who we may consult with in relation to any police investigation as this would identify particular areas of interest or the purpose of the investigation and the type of people that may or may not be concerned.  This would be highly likely to undermine National security, any on-going investigations and any future investigations as it would enable targeted individuals or groups to become aware of police interest.  This would help subjects avoid detection; inhibit the prevention and detection of crime and place the advantage with the offenders.

Please be advised that any information released as a result of a Freedom of Information request, in effect, is being released into the public domain. Therefore, it could subsequently be published or would have to be made available to any member of the public if it were requested

And I asked about any information Special Branch might hold and was told to refer to the answers above.

Am I reading too much in to those exemptions quoted in the refusal to release information on The Consulting Association?

Update: The Met has just sent me the same refusal notice, same reasons.

Comments

[Frank]

What's held by the police is always a secret.