07 November 2016 – 963.2015-16 – Invoices for Ops Rome and Hyson
I write in connection with your request for information made to the Police and Crime Commissioner for North Yorkshire. Please accept out apologies for the delay in providing you with a response. I note you seek access to the following information:
Under the Freedom of Information Act I request sight of invoices in the period 1.4.15 to 31.12.15 in connection with Ops Rome and Hyson.
Extent and Result of Searches
To locate the information relevant to your request searches were conducted within the Joint Corporate Legal Services and Financial Services departments.
I can confirm that the information you have requested is held.
Please see the attached invoices.
Redactions have been made pursuant to section 40(2) – Personal Information.
Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) 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. Please refer to the relevant exemption headers below for further detail.
Section 40 – Personal Information
I am exempting providing you with the outlined information pursuant to Section 40(2) of the Freedom of Information Act (the Act). This is to ensure anonymity for those involved. I have, however, provided other details within the invoices to assist in your request, whilst maintaining the elimination of any identification.
Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.
Section 40(2)(b) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle (that of ‘fairness’.)
The type of information you have requested is personal information which can only be disclosed to the individual concerned. This exemption applies because the right given under the Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.
In all the circumstances of this instance it has been determined that the duty to the individual under the Data Protection Act 1998, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such cases, outweighs the public interest in disclosure.
Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights.
Your attention is drawn to the attached sheet which details your right of complaint.
If you have any queries concerning this request, please contact me quoting the reference number above.