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FREEDOM OF INFORMATION REQUEST REFERENCE NO: 449-2023
I write in connection with your request for information which was received on 25th April 2023 as follows:
Please list the number of serving police officers who gained criminal convictions whilst serving with this force and the nature of the conviction. I would like the figures in the form of a table which gives the total number (not name) of officers convicted of the crime; the type of crime; and whether they are or were on restricted duties as a result of the crime.
Please accept my sincere apologies for the delay in providing the response to your request and for any inconvenience this may have caused. Please find the Warwickshire Police response set out below.
Response: Section 1 of the Freedom of Information Act 2000 places two duties on public authorities. Unless exemptions apply, the first duty at section 1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at section 1(1)(b) is to disclose information that has been confirmed as being held.
When refusing to provide information (because the information is exempt), Section 17 of the Freedom of Information Act 2000, requires Warwickshire Police to provide you, the applicant, with a notice which:
(a) States that fact,
(b) Specifies the exemption in question and
(c) States (if that would not otherwise be apparent) why the exemption applies.
I can advise that Warwickshire Police does hold the information requested; however, some of the information is being withheld from disclosure.
The exemption applicable in this case is:
Section 40(2) Personal Information
Section 40 is an absolute class-based exemption, which does not require evidence of the harm disclosure would cause and does not require consideration of a public interest test. That being said, where Section 40(2) is engaged, in order to make the exemption absolute there needs to be evidence that a Data Protection Principle would be breached by disclosure.
This exemption is engaged where disclosure of information relates to personal data of a third party or could lead to the identification of an individual, either from that information alone or combined with any other information from within the Police Service or public domain. In this case, due to extremely low numbers, providing the type of crime and additional information regarding restricted duties is likely to provide personal information in relation to an individual. Such a disclosure would breach individuals’ rights under the Data Protection Act 2018, in particular Article 5(1) of the GDPR which states that personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject.
This letter serves as a refusal notice under Section 17 of the Freedom of Information Act, in relation to crime type and whether the officer was on restricted duties. Please see the information I am able to provide set out below.
Please be advised that the information below reflects the number of current serving police officers, who have been convicted of an offence whilst serving.
Officer |
Convicted Offence |
On restricted duties due to offence? |
|
|
Officer 1 |
s40(2) exemption applied |
s40(2) exemption applied |
|
|
Every effort has been made to ensure that the information provided is as accurate as possible.
Your attention is drawn to the below which details your right of complaint.
Should you have any further enquiries concerning this matter, please write or email the Freedom of Information Unit quoting the reference number above.
Yours sincerely
Freedom of Information Officer
Freedom of Information Unit
Warwickshire Police
PO Box 4
Leek Wootton
Warwickshire
CV35 7QB