FOI 835-2023 / Sept 2023 / Dangerous dogs
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 835-2023
I write in connection with your request for information which was received on 11th September 2023 as follows:
I am writing to make an open request for information under the Freedom of Information Act 2000. Specifically, I am interested in obtaining detailed records concerning the number and breeds of dogs that have been seized under Section 3 of the Dangerous Dogs Act in the United Kingdom for the month of July 2023 and August 2023.
Please provide the following information:
- The total number of dogs seized under Section 3 of the Dangerous Dogs Act in the month of July 2023 by the breed or type of the dog.
- The total number of dogs seized under Section 3 of the Dangerous Dogs Act in the month of August 2023 by the breed or type of the dog.
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 such 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(s) in question and
(c) States (if that would not otherwise be apparent) why the exemption(s) applies.
I can confirm that Warwickshire Police hold the requested information; however, not all the information is suitable for disclosure in the requested format.
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 low numbers, providing a breakdown of breed by month, or providing details of a breed considered to be less common, is likely to lead to the identification of an individual and provide information in relation to that 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, for breed type broken down by month. Instead breed types have been amalgamated across both months. In addition, one breed type has not been provided and instead this is indicated as ‘other’. Please see the information I am able to provide set out below.
Q1 response: 5
Q2 response: 7
The breed types are recorded as follows:
English Bull Dog
Staffordshire Bull Terrier
Malinois
XL Bully
Cane Corso
Bull Breed
Other
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