Lancashire Constabulary

Data Protection Office
Police Headquarters, Saunders Lane, Hutton, Preston PR4 5SB
Tel: 01772 41332 / 412144
Email: FOI@lancashire.pnn.police.uk

Mr Paul Ponting
Sent via email to:foirequests@foi-request.com

Date: 20 May 2019

Dear Mr Ponting
FREEDOM OF INFORMATION APPLICATION REFERENCE NO: DPO/FOI/001305/19
Thank you for your request for information received by Lancashire Constabulary on 05/04/2019.

Your request has now been considered and the Constabulary’s response is provided below.

Lancashire Constabulary can neither confirm nor deny that it holds any information in relation to your request by virtue of the listed exemptions:

• Section 30(3) Investigations
• Section 40(5) Personal Data

Section 30 is a class based qualified exemption and consideration of the public interest must be given as to whether neither confirming nor denying the information exists is the appropriate response.

Section 40 is an absolute class based exemption therefore neither the public interest test nor evidence of harm in disclosure needs to be outlined.

This exemption is engaged as it satisfies the following two conditions: –

1. To confirm whether or not the information is held would reveal the personal data of a data subject as defined by Article 4 (1) of GDPR and Part 1 Section (3)(2) of the Data Protection Act 2018.

2. That to confirm whether or not the information is held would contravene one of the data protection principles, namely the first one, which states that personal data shall be processed lawfully and fairly (and in a transparent manner).

Section 40 is an absolute class based exemption therefore neither the public interest test nor evidence of harm in disclosure needs to be outlined.

I can advise however that to confirm or deny whether we hold any of the requested information would in itself reveal the personal data of the subject. It is important to note that disclosures under the FOIA are considered as disclosures “to the world” and as such, to confirm or deny whether or not any information is held would be unfair to the data subject and therefore breach the first data protection principle, namely that ‘Personal data shall be processed lawfully and fairly’.

Public Interest Considerations

Factors favouring confirmation or denial for Section 30

Confirming or denying whether information exists relevant to this request would lead to a better informed general public by identifying that Lancashire Constabulary robustly investigate all allegations. This fact alone may encourage individuals to provide intelligence in order to assist with investigations and promote public trust in providing transparency and demonstrating openness and accountability into where the police focus their investigations.

Factors against confirmation or denial for Section 30

Modern-day Policing is intelligence led and by confirming or denying that any information relevant to this request exists could suggest Lancashire Constabulary take their responsibility to appropriately handle and manage intelligence supplied to them flippantly. It must be remembered that any information disclosed under the Freedom of information Act is considered as a disclosure ‘to the world’.

To confirm or deny that information is held in relation to investigations which may or may not have taken place or be taking place would undermine the investigative process and therefore is not in the public interest.

Balancing Test

The points above highlight the merits of confirming, or denying, whether any information pertinent to this request exists. The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. As part of that policing purpose, various operations may or may not be on-going. The Police Service will never divulge whether or not information pertinent to this request does or does not exist, if to do so would place the safety of an individual(s) at risk, compromise an investigation or undermine the policing purpose in the effective delivery of operational law enforcement.

Whilst there is a public interest in the transparency of policing operations and investigations, providing reassurance that the Police Service is appropriately and effectively acting on the information provided by the public for investigations, there is a very strong public interest in safeguarding the health and safety of individuals. As much as there is a public interest in knowing that policing activity is appropriate and balanced it will only be overridden in exceptional circumstances.

Therefore, at this moment in time, it is our opinion that for these issues the balance test for neither confirming, nor denying that information is held is appropriate.

No inference can be taken from this refusal that information does or does not exist.

Therefore, in accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice under section 17 (1) of the legislation.

As per our obligation to provide advice and assistance we can advise that Operation Malaya is an operational name created for logistical reasons to accurately reflect duties being undertaken by certain staff. Due to the number and complexity of the allegations made, in order to provide continuity and a more efficient, streamlined service, a small team of dedicated officers were removed from their normal duties and assigned to work on these linked reports. For operational resourcing reasons they were required to be shown as allocated to a particular investigation, hence the creation of the operation name. The operation started in June 2017 and the officers concerned returned to their normal duties in September 2017.

We sincerely apologise for the delay in providing you with a response to this request.
If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request an internal review of our decision, you should write to the Information Assurance Manager, Information Compliance and Disclosure Section, Police Headquarters, Saunders Lane, Hutton, Preston PR4 5SB or alternatively send an email to FOI@lancashire.pnn.police.uk. Details of the Constabulary’s Freedom of Information Complaint Procedures can be found attached to this email.
If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner’s Office cannot make a decision unless you have exhausted the complaints procedure provided by Lancashire Constabulary. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Yours sincerely

Compliance Team

Data Protection Office