FOI 630/25
REQUEST
- How many reports of use of illegal "glue traps" or "glue boards" have South Wales police received since their ban on 17th October 2023?
- In how many reported incidents was the location of the trap known or determined by South Wales police? Have any geographical clusters of reported incidents been identified?
- In how many reported incidents was the perpetrator who set a glue trap known or identified by South Wales police?
RESPONSE
We consulted with our Wildlife coordinator who has provided the following information regarding your request
South Wales Police neither confirms nor denies that it holds information relevant to this request by virtue of the following exemptions:
Section 30(3) Investigations
Section 31(3) Law Enforcement
Section 40(5) Personal information
Section 30 is a class based qualified exemption and consideration of the public interest must be given as to whether neither confirming nor denying information exists is the appropriate response.
Section 31 is prejudice based and qualified which means that there is a requirement to articulate the harm in confirming or not whether information is held as well as carrying out a public interest test.
Section 40 is a class based absolute exemption and there is no requirement to evidence the harm or consider the public interest.
Evidence of Harm in complying with Section 1(1)(a) – to confirm or not whether information is or isn’t held
Any release under FOI is a disclosure to the world, not just to the individual making the request. The police service would not want to reveal who, what and when information is recorded and the extent of their investigations as this would clearly undermine the investigative process and law enforcement.
Factors favouring complying with Section 1(1)(a) neither confirming nor denying that information is held S30.
Confirming or denying information is held would provide accountability in respect of public funds and investigatory focus.
Factors against complying with Section 1(1)(a) neither confirming nor denying that information is held S30
South Wales Police relies on information being supplied by the public. To confirm or deny that any information is held 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.
Factors favouring complying with Section 1(1)(a) neither confirming nor denying that information is held S31
Confirmation or denial that any information is held would lead to a better-informed public, with an understanding of procedures and actions, openness and transparency in the decision making process and how pubic money is being spent.
Factors against complying with Section 1(1)(a) neither confirming nor denying that information is held S31
To confirm or deny information is or is not held would hinder the prevention and detection of crime.
Balancing Test
To confirm or deny considering factors favouring both disclosure and non-disclosure in respect of investigations and law enforcement has been considered and we have come to the conclusion that the strongest argument for non-disclosure outweighs the strongest argument for disclosure. The Police Service is charged with enforcing the law, preventing, and detecting crime and protecting the communities we serve. The security of individuals is of paramount importance and South Wales Police force will not divulge whether information is or is not held if to do so would place the safety of an individual at risk or compromise law enforcement.
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, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosure of the information.
Section 40(5) – Personal Information
The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt under Section 40 of the Act.
Where either a request is made by an applicant requesting their own personal information or a request for information relates to third parties (anybody other than the data subject), absolute exemptions exists and as such there is no requirement for South Wales Police to carry out a public interest test.
In accordance with the Act, this letter represents a Refusal Notice for this request.
This should not be taken as confirmation that any information that would meet your request exists or does not exist.