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Freedom of Information

1. About the Act.

The Freedom of Information Act 2000 requires all public bodies in the UK to provide a general right of access to the information they hold. This right of access became effective on 1st January 2005 and runs alongside the Data Protection Act 1998.


Requests for information must be made in writing to the Freedom of Information Decision Maker, Wiltshire & Swindon Safety Camera Partnership, PO Box 3025, Devizes, SN10 9AH. This may be by letter or by e-mail ( FOISafetyCameraUnit@wiltshire.police.uk ), and must describe the specific information requested and the preferable format in which the reply should be sent.


Wiltshire & Swindon Safety Camera Partnership (WSSCP) is committed to being open and transparent wherever possible and providing information to the public proactively. We already publish a great deal of information about who we are and what we do via:

  • Our website
  • Information campaigns
  • Special events and exhibitions

It is our intention to publish information that the public has an interest in viewing. However, as we are committed to protecting the communities we serve through the prevention and detection of speeding, it must be recognised that it is not in the public interest to release certain information - for instance, information concerning ongoing police investigations. Intelligence and the use of related operational techniques must be protected. These are central to maintaining an effective enforcement programme. In this respect, WSSCP will, when appropriate and reasonable, apply the exemptions afforded under the Freedom of Information Act, some of which are explained below.


2. Exemptions.


The WSSCP will respond to requests and provide information within 20 working days of receipt of the query. All information that is held by the WSSCP will be provided to the public except for that which qualifies for exemption.


Areas of Exemption:


Certain exemptions contained in the Act that may be relevant to information requested from WSSCP are:

  • Section 21 - Information accessible to the applicant by other means - Information that is reasonably accessible by the public in that it is already in the public domain, is exempt under Section 21. This includes information provided by Partnerships on websites or in other publicity materials.
  • Section 22 - Information intended for future publication - Information that is held by a public body with a view to its publication at a later stage may be exempt under Section 22.
  • Section 30 - Investigations & proceedings conducted by public authorities - Information that is relevant to an ongoing police investigation or to legal action is exempt under Section 30.
  • Section 31 - Law Enforcement - Some categories of information are of particular concern to Safety Camera Partnerships. These are:

1.        Information that could be used to deduce enforcement activity at specific sites or routes.

2.        Specific enforcement thresholds applied by a Partnership. This category of information will be exempted nationally because of the concern that the information contains working practices that, if known, would have an impact on operational policing.

3.        Site specific information that includes: the level of use of a single site - e.g. hours of enforcement time at a site, revenue generated on a site-specific basis.

4.        Operational programme of fixed camera sites, and prioritisation of all sites.

5.        Detailed programme for mobile camera routes (regular information may be released but will not be given in total detail as this could jeopardise casualty reduction).

  • Section 36 - Prejudice to effective conduct of public affairs - This exemption will be used sparingly and only when the information requested is likely to cause harm to the Wiltshire & Swindon Safety Camera Partnership but is not covered by any other of the key exemptions.
  • Section 38 - Health & Safety - Exemptions may also be applied to a further category of concern - information that could jeopardise the safety or security of Partnership staff or assets - where Partnerships have a well-founded concern about the safety or security of their staff or assets. These exemptions will be made on an individual basis.
  • Section 40 - Personal Information. - Most personal information will continue to be subject to the Data Protection Act 1998. The following categories of information will generally be exempt because they fall under the Data Protection Act 1998:

1.               Personal data, including actual salaries of individual staff members

2.               Information relating to other peoples' offences

  • Section 43 - Commercials Interests - Certain information that relates to commercial activities may be exempt because the Act facilitates an exemption for Commercial Interests.

Freedom of information Appeals Process

The Wiltshire & Swindon Safety Camera Unit takes customer satisfaction very seriously and a review of all appeals will be undertaken in accordance with the Freedom of Information Act 2000. This will be done in line with the Department for Constitutional Affairs Code of Practice and ACPO guidance.

 

Any written reply from an applicant expressing dissatisfaction may be treated as an appeal for review. An applicant may request an independent review if he/she is not content with the response supplied by the Safety Camera Partnership.

Complaints regarding an individual's conduct in dealing with a request for information will not be dealt with under this process. Instead, it will be directed to the Independent Police Complaints Commission.

 

The Process


The review process only applies to matters subject to a formal request under the Freedom of Information Act 2000. Other enquiries to the unit, which are dealt with as 'business as usual' fall outside of this process.

  • The Safety Camera Unit Freedom of Information Decision Maker who made the original decision must be contacted directly or forwarded any complaint or request for appeal. He/she will respond by logging the application, and by acknowledging in writing the receipt of the appeal. All correspondence is then to be forwarded to an Independent Review Officer.

Advising the Applicant of Review Decision

  • The Independent Review Officer will, subsequent to the review, clearly advise the applicant of his/her decision and rationale.
  • Where additional information is to be disclosed, provide that information.
  • Inform applicant as to where procedures were not followed correctly.
  • Provide details of Information Commissioner appeal process.

Where appropriate, the Unit will amend procedures in line with the review decisions.

 

Target Times for Responding To Appeals & Complaints

 

The target time for responding to appeals and complaints should be as soon as practicable and in any case within three months.

 

Calibration Certificates

 

Copies of Calibration Certificates for all cameras are held by the Safety Camera Unit. The certificate which is relevant to a particular offence may be viewed by the recipient of a Notice of Intended Prosecution via the Partnership secure web site using the instructions issued with the Notice.