Request
Regarding the two documents DPP 2/4818 and CRIM 1/5342, for each of these documents please could you let me know since the record opening dates in 2001:
1. How many times has a request to view each document been made?
2. How many times has a request for copy of each document been made?
3. Have any requests been made more than once by the same person or organisation?
4. Were the requesters individuals or organisations?
5. What information can you provide on who made each request and when the files were viewed or copied?
6. Have any comments or notes been made on the files/system in relation to why requests to views the files were made?
7. Can you provide any other additional information regarding requests relating to these 2 documents?
8. Have any previous Freedom of Information requests been made in relation to either document?
Outcome
Some information provided.
Response
1. How many times has a request to view each document been made?
DPP 2/4818: 3 times
CRIM 1/5342: 3 times
2. How many times has a request for copy of each document been made?
DPP 2/4818: One page check – No copy order.
CRIM 1/5342: No page checks – No copy orders.
3. Have any requests been made more than once by the same person or organisation?
This information is exempt under section 40(2) on the FOIA.
4. Were the requesters individuals or organisations?
The National Archives does not store data in this way. Members of the public register for a reader’s ticket as an individual and not as an organisation.
5. What information can you provide on who made each request and when the files were viewed or copied?
We do not release specific information on the details of individuals who have made each request. This information is therefore exempt under section 40(2) of the FOIA.
However, please see below for details regarding when the files were viewed and who made the request:
DPP 2/4818:
04/05/2021 (public)
21/06/2023 (public)
25/09/2018 (public)
CRIM 1/5342:
19/02/2014 (public)
21/06/2023 (public)
17/11/2015 (staff)
6. Have any comments or notes been made on the files/system in relation to why requests to views the files were made?
The National Archives does not store this type of information.
7. Can you provide any other additional information regarding requests relating to these 2 documents?
(You provided the following additional clarification concerning this particular question: “I would like to know if you hold any other information that might help me understand why others may have been viewing the files, such as if a solicitor or the Crown had been searching for information on any relatives of the deceased? Or alternatively, if there had been any notes placed on the files by National Archives staff or any other government or public body, that could be of interest to me.”)
As aforementioned, we do not release specific information on the details of individuals who have made each request. This information is therefore exempt under section 40(2) of the FOIA.
Likewise, we do not record if any notes or comments have been placed on these files either by The National Archives or any other government department.
8. Have any previous Freedom of Information requests been made in relation to either document?
No.
Explanatory Annexe
Section 40(2): Personal Information where the applicant is not the data subject
Section 40(2) exempt information about a ‘third party’ (someone other than the requester), if revealing it would breach the terms of Data Protection Legislation. Data Protection Legislation prevents personal information from release if it would be unfair or at odds with the reason why it was collected, or where the subject had officially served notice that releasing it would cause them damage or distress. Personal information must be processed lawfully, fairly and in a transparent manner as set out by Art. 5 of the General Data Protection Regulation (GDPR).
In this case the exemption applies because the requested material contains information which would identify junior members of staff.
Publishing the names and contact details of junior members of staff is considered an unfair use of personal data. Junior members of staff would have no expectation that information about their positions would be made available in the public domain; to do so would be unfair and contravene the first data protection principle of the Data Protection Act. As such, the names, positions and contact details of junior officials are withheld under section 40 (2) of the FOI Act.
Further guidance about the publication of junior staff names can be found here:
Requests for personal data about public authority employees – ICO
In this case the exemption applies because the requested material also contains the personal and the sensitive personal information of a number of identified individuals assumed still to be living. These individuals have a reasonable expectation of privacy which would not include the release of this information into the public domain by The National Archives during their lifetime. To do so would be likely to cause damage and/or distress and would be a breach of the first data protection principle, which is concerned with the fair, lawful and transparent processing of information of this kind.
Further guidance on the application of this exemption can be found here:
Personal information (section 40 and regulation 13)