16. LETTER
TO
THE
COMMISSIONER
FROM
ASSISTANT
COMMISSIONER
JANET
WILLIAMS
QPM, 30 APRIL
2009
Thank you for your letter dated 22 April 2009 regarding
help you seek for your enquiries relating to Rt. Hon. Jacqui Smith
MP and her claims against the House of Commons Additional Costs
Allowance in respect of identifying her London residence as her
main home.
This request raises some important issues and needs
careful consideration. In considering your request I have taken
into account Data Protection and Freedom of Information issues
as well as the interrelationship between the privacy and security
of the person protected. It is further complicated by the fact
that the data has been created primarily for an accounting purpose
for other reasons and is not in a format to immediately produce
the answers you seek.
Before replying we have consulted with West Mercia
Police who share our views.
Dealing with these issues in turn, the privacy versus
security concerns could cause principals, where risk decrees that
they need to be protected, to understandably reconsider their
position over concerns of a breach of privacy if material were
to be released. This could cause significant problems around future
protection arrangements.
Regarding Freedom of Information, the MPS regularly
receives FOIA requests to reveal details of protection provided
to individuals. The MPS and ACPO's position has been to use a
neither confirm or deny response with exemptions applied under
National Security, Law Enforcement and Health and Safety. I am
concerned that supplying the details requested could undermine
that position when considering future FOIA requests. Security
arrangements are a serious and ongoing concern.
The next issue is Data Protection. I am advised by
our legal department that details of the whereabouts/movements/timings
of the Home Secretary amount to "Personal Data" within
the meaning of the Data Protection Act and that such information
should only be released with the express and clear written consent
of the subject. Otherwise there is a clear danger of the MPS breaching
the Data Protection Act.
Whilst I am keen to provide appropriate assistance,
having taken all these issues into account my view is I am not
in a position to release the information requested upon the basis
of considerations as they pertain at this time. Should the position
change I would be content to reconsider that view.
I trust this letter will be treated in confidence
unless you advise me otherwise.
30 April 2009
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