02/12/2025, Essex police stated:
- “You’re more than welcome to write again to the Information Commissioner’s Office. I’ve done it as well on behalf of this”
- “I phoned the ICO on Thursday before we actually replied”
- “And I’m more than happy that I’ll be able to send an email tonight to the Information Commissioner’s Office just outlining that point, and if what you’ve said is actually you’ve taken that to them, that’s fine. I’m more than happy to explain why Essex take the approach that we take”
A Freedom of Information Act request was made of Essex police for their correspondence with the ICO
- Essex police responded ‘nothing held’
- A request was also made of the ICO for the correspondence referred to by Essex police.
- The ICO responded ‘nothing held’.
A Freedom of Information Act request was made of Essex police for their correspondence with the NPCC
- Essex police responded ‘nothing held’
- A request was also made of the NPCC for the correspondence referred to by Essex police.
- The NPCC responded ‘nothing held’.
A Freedom of Information Act request was made of Essex police for their correspondence with the ‘others’ (about the use of the Third Party Subject Access Request process)
- Essex police responded ‘nothing held’
The above contradicted the statements made by Essex police in a conversation 02/12/2024 – relevant extracts here. Being concerned to ensure the matter was given appropriate consideration, Essex police’ were asked to undertake an Internal Review. This too resulted in nothing being found. A complaint was therefore submitted to the ICO.
The ICO supported the ‘not held’ position despite Essex police clearly stating they had written to the ICO. The ICO’s Decision Notice reads as follows:
Reference: IC-383681-G7T8 Freedom of Information Act 2000 (FOIA) Decision notice
5 February 2026
Re: Chief Constable of Essex Police
Decision (including any steps ordered)
The complainant made a request for information relating to disclosure of information to the Chief Constable of Essex Police (“Essex Police”). Essex Police provided a link to some general information, however it stated that it did not hold recorded information within the scope of the complainant’s request under section 1(1)(a) of FOIA. The Commissioner considers that Essex Police were correct to confirm
that they do not hold the requested information and that on the balance of probabilities this is not held.
The Commissioner requires no steps to be taken.
Request and response
On 23 December 2024 the complainant made the following request for information to Essex Police:-
- the approaches you received about disclosure from others – seemingly corporate entities i.e. not living individuals, not subject to DPA – and your responses to them – point 21.
- I note this is not just something that affects just Essex police. I understand this is something that has been raised nationally. Apparently, there are different routes people try to take to obtain records when it comes to processing personal data in relation to insurance inquiries.
- Please provide your exchanges with others, those you referred to (as above); the different routes in relation to personal data and insurance enquiries.
- your exchanges with the NPCC points 20 & 22. Please provide:
- a. a copy of the national directive on this to which you referred.
- b. The information you have presented to the National Data Protection and Freedom
of Information Working Group - The matter has been raised within the National Police Chiefs’ Council (the ‘directive’ source and/or ‘working group’ referred to above?). I understand Essex police has referred this to the national team for clarity within the week or so before our call (02/12/2024). That this arose as others have been making similar approaches.
- Please provide your exchanges with the NPCC.
you writing to the ICO point 29 You invited me to write to the Information Commissioner’s Office
explaining you had done so, that you had phoned the ICO on Thursday before you replied. The ICO asked you whether you wished to put your approach into writing. - Did you write to the ICO, if so, please provide a copy of the exchanges.
Essex Police responded with the following:-
FOI Duty
First Duty – Essex Police does not hold all the information relating to your request.
Second Duty – Not applicable
Fact – See below.
Exemption – Not applicable
Reasoning
We can advise that in respect of questions above Essex Police does not hold information, as detailed above, with the exception of the national directive for which the below link is provided as this is available
publicly.
The complainant requested an internal review of Essex Police’s decision on 30 January 2025. The internal review response was provided on 27 March 2025. The reviewer upheld the original decision.
Reasons for decision
This reasoning covers whether Essex Police are correct when they state that they do not hold information within the scope of the request.
Section 1(1) FOIA provides that:
“Any person making a request for information to a public authority is entitled –
(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him.”
The Commissioner has sought to determine whether, on the balance of probabilities, Essex Police holds the requested information.
Interpretation of Request
On 23/12/2024, the complainant requested “exchanges with the NPCC”. This wording was interpreted as referring specifically to any exchanges (physical correspondence or electronic) between Essex Police’s
Information Management (IM) Information Rights Team, or relevant senior leadership members (the Force Data Protection Officer (DPO) and Head of Department (HOD)), and the NPCC’s National Police Freedom of Information & Data Protection Unit (NPFDU), which acts as the NPCC’s central referral unit for national FOI and data protection enquiries.
Essex Police have informed the Commissioner that, in order to ensure a reasonable and proportionate search, they searched the following:-
- Information Rights Team mailboxes
Searches were conducted across all relevant Information Rights shared accounts used for FOI and data protection work. This included inboxes and sent items for accounts that would typically handle this type of enquiry. - Information Rights managers’ named work accounts
Searches were also conducted across the named work accounts of Information Rights managers, as these accounts are frequently used for direct liaison with national policing bodies. - Senior Leadership Team enquiries
The Force DPO and HOD were approached directly to confirm whether they held, created, or had been involved in any correspondence to or from the NPCC/NPFDU on this matter. - Verification by the DPO and HOD
Both the DPO and HOD confirmed that, in relation to the matter raised by the complainant:
No email exchanges or physical correspondence (which would have been recorded digitally also) with the NPCC/NPFDU were created.
No data was created at the time of the request or the preceding discussion. - Additional follow-up searches
Essex Police also informed the Commissioner that a further line of enquiry explored whether any correspondence might exist in which the DPO had copied the into exchanges with the NPCC/NPFDU. This was reasonable given that, where senior-level correspondence is created, the would ordinarily be copied in for transparency, audit trail, and filing purposes. No such correspondence was identified.
Essex Police further informed the Commissioner that, while remote searching of mailboxes is available, the request referred only to “NPCC” and did not specify a particular NPCC mailbox. The NPCC comprises a
large number of potential individual or group addresses. Any exchange with the NPFDPU would have been captured as part of the above searches.
Essex Police concluded that all reasonable and proportionate searches had been completed and that no recorded information was identified as being held and that there is no indication that any recorded information falling within scope was ever created, held, or subsequently deleted or destroyed.
Essex Police have informed the Commissioner of the following:-
- The DPO and HOD have confirmed that no correspondence was produced at the time.
- Information Rights managers have verified that no drafts, notes, or correspondence were created.
- Searches across all relevant mailboxes have shown no evidence of prior creation or deletion.
Therefore, the conclusion is that no relevant information ever existed.
The Commissioner has considered Essex Police’s position and accepts their reasoning for not holding recorded information within the scope of the request. Therefore, his decision is that, on the balance of
probabilities, Essex Police do not hold information within the scope of the request.
Essex Police have complied with their obligations under section 1(1)(a) FOIA in this case.
Right of appeal
Either party has the right to appeal against this decision notice to the First-tier Tribunal (Information Rights). Information about the appeals process may be obtained from: First-tier Tribunal (Information Rights)
Senior Case Officer
Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF