FOI 402/25
REQUEST
Travelodge Atlantic Wharf, Hemingway Road, and the Premier Inn Cardiff Bay located at Bute Place, which fall within your police jurisdiction. I would greatly appreciate your agency's assistance. Could your agency please provide the following by fax, mail or email?
Statistics for the 2024 calendar year for the following criminal offenses reported to your police agency for the above location during 2024 (please include the street address for each incident):
- Murder; Negligent and Non-negligent Manslaughter
- Sex Offenses: Rape, Fondling, Statutory Rape, Incest;
- Domestic Violence;
- Dating Violence;
- Stalking
- Robbery;
- Aggravated Assault;
- Burglary;
- Motor Vehicle Theft;
- Arson;
Please specify if any of the above-listed offenses were categorized as hate crimes by writing the word "hate" next to the crime. Please identify the category of bias for each hate crime according to the categories we are required to report: race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability. Please note that in the United States, federal law defines hate crimes as being those that manifest evidence that the victim was intentionally targeted because of the victim's actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, or disability.
RESPONSE
Section 1 of the Freedom of information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at s1(1)(a) is to confirm or deny whether the information specified within a request is held. The second duty at s1(1)(b) is to disclose information that has been confirmed as being held. Where exemptions are relied upon Section 17 of the FOIA requires that we provide the applicant with a notice which:
South Wales Police neither confirms nor denies that it holds any information relating to this request by virtue of the following exemptions:
Section 30 (3) – Investigations and Proceedings Conducted by Public Authorities
Section 30 (3) is a qualified class-based exemption and I am required to conduct a public interest test in neither confirming nor denying that information exists.
Harm in Neither Confirming nor Denying
South Wales Police relies on members of the public to provide information and intelligence which assists our law enforcement role. To confirm or deny that information is held would negatively affect our relationship with our communities, undermining trust and confidence in the police service. Confirmation or denial would also jeopardise our partnership approach to law enforcement, a relationship which is integral to our policing function.
Factors favouring complying with Section 1(1)(a) – confirming information is held
Confirmation or denial would highlight where police resources are being targeted and the public are entitled to know how public funds are spent, particularly in the current economic climate.
Factors against complying with Section 1(1)(a) – neither confirming nor denying that information is held
To reveal whether or not offences had been committed at the address provided would not be ‘fair’ processing of information as stipulated within the Data Protection Act. Confirmation or denial that any information is held in this case would suggest South Wales Police take their responsibility to appropriately handle and manage information provided by individuals to assist with criminal investigations flippantly and dismissively resulting in the prevention and detection of crime being hampered and the apprehension or prosecution of offenders being jeopardised.
Balancing Test
The points above highlight the merits of confirming or denying the requested information exists. The Police Service relies heavily on the public providing information to assist in criminal investigations and has a duty to protect and defend vulnerable witnesses/individuals. The public has an expectation that any information they provide will be treated with confidence. Anything which places that confidence at risk, no matter how generic, would undermine any trust or confidence the individuals have in the Police Service.
Therefore, it is our opinion that for these issues the balance test for confirmation of denial that information is held is not made out.
No inference can be taken from this refusal that the information you have requested does or does not exist.