FOI 237/25

REQUEST

(1) On 15th September 2022, I submitted a FOI request to South Wales Police through WhatDoTheyKnow on the topic of Subject Access Requests response times. Please see reference 924/22. Please (i) confirm whether South Wales Police referred the request to the NPCC Central Referral Unit (ii) please provide all correspondence and communications between South Wales Police and the NPCC Central Referral Unit that discuss this request. 

 

(2) On 7th June 2022, I submitted a FOI request to South Wales Police through WhatDoTheyKnow on the topic of Black Lives Matter. Please see reference 600/22. Please (i) confirm whether South Wales Police referred the request to the NPCC Central Referral Unit (ii) please provide all correspondence and communications between South Wales Police and the NPCC Central Referral Unit that discuss this request.

 

(3) On 28th October 2021, I submitted a FOI request to South Wales Police through WhatDoTheyKnow on the topic of police informants. Please see reference 62/22. Please (i) confirm whether South Wales Police referred the request to the NPCC Central Referral Unit (ii) please provide all correspondence and communications between South Wales Police and the NPCC Central Referral Unit that discuss this request.    

 

(4) On 18th January 2023, I submitted a FOI request to South Wales Police through WhatDoTheyKnow on the topic of unauthorised photos. Please see reference 90 23. Please (i) confirm whether South Wales Police referred the request to the NPCC Central Referral Unit (ii) please provide all correspondence and communications between South Wales Police and the NPCC Central Referral Unit that discuss this request. 

 

RESPONSE

 

Question 1

 

We can confirm that FOI 924/22 was not referred to the NPCC Central Referral Unit. Therefore, South Wales Police hold no information to answer this part of your request.

 

Question 2

 

We can confirm that FOI 600/22 was referred to the NPCC Central Referral Unit, please see attached document entitled ‘Response data 237_25 Q2 Redacted’ which answers this part of your request. 

 

Question 3

 

We can confirm that FOI 62/22 was referred to the NPCC Central Referral Unit, please see attached document entitled ‘Response data 237_25 Q3 Redacted’ which answers this part of your request. 

Question 4

 

We can confirm that FOI 90/23 was not referred to the NPCC Central Referral Unit. Therefore, South Wales Police hold no information to answer this part of your request.

 

In relation to the redacted information within the response data, the following exemptions apply:

 

Section 23(1) - Information supplied by or concerning certain Security Bodies

Section 31(1) – Law Enforcement

Section 40(2) - Personal Information

 

Section 23 & Section 40 are class based absolute exemptions and there is no requirement to evidence the harm or consider the public interest.

 

Section 31 is a qualified, prejudice-based exemption and the legislators accept that there may be harm if released. The authority is therefore required to articulate the harm that may be caused and consider the public interest arguments for and against the disclosure of the information.

 

Overall Harm

 

A disclosure in response to a Freedom of Information request is not a disclosure to the individual applicant but a release into the public domain. It is important that a Police Force safeguards its effective and efficient service and does not disclose information that could undermine that.

 

Disclosure of the requested information would reveal our tactical capabilities and compromise the prevention or detection of crime and the apprehension or prosecution of offenders. This would hinder future investigations by assisting those who are intent on undertaking criminal activity. 

 

Factors favouring Section 31

 

By disclosing the requested information, this would provide openness and transparency and better awareness to the public.

 

Factors against Section 31

 

The security of the public is of paramount importance and the Police Service will not divulge information if to do so could compromise law enforcement.

 

 S40(2) – Personal information.

  

The Data Protection Act covers processing of personal data about a living individual.  Personal data means data which relate to a living individual who can be identified-

a. from those data, or

b. from those data and other information, which is in the possession of, or is      likely to come into the possession of, the data controller or any other person in respect of the individual.

 

Information will “relate to” a person if it is about them, linked to them, has some biographical significance for them, is used to inform decisions affecting them, has them as its main focus or impacts on them in any way.

If we disclosed these details, this would provide significant detail which could identify an individual and would breach the first principle of the Data Protection Act 2018.

 

Balance Test

 

Whilst there is public interest in police transparency, there is stronger public interest in safeguarding information which could assist those who wish to disrupt the police service.

 

Therefore, it is our opinion that for these issues the balance test lies in favour of withholding the information.

 

In accordance with the Act, this letter acts as a refusal notice for this part of your request.