- Reference Number: 2244
- Date released: 14 December 2009
Request
I have been asked to ask you, under the Freedom of Information
Act, if applicable, on how many occasions the Police have been
contacted relating to thefts and fires by xxxxxxx xxxx esidents
over the last 15 or so years.
Are you able to let the Parish Council (under the FOI Act if
applicable) have details of the number and frequency of the
occasions on which the Police have been contacted relating to
fires, thefts or indeed other matters,- if possible over the last
15 years or so. Any comments about crime averages and perceived
increasing crime rates would also be welcome.
Response
First of all I understand that we able to assist in some way by
directing you to the crime information that is already published on
our web site. In so far as the specifics of your request under the
FOI Act, please see below.
In accordance with section 1(1) (b) of the Act our response is
provided below;
I can confirm that Cheshire Constabulary partially holds the
information you have requested. There is no information available
prior to 2003.
Section 17 of the Freedom of Information Act 2000 requires the
Cheshire Constabulary, when refusing to provide such information
(because the information is exempt) to provide you 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.
The information requested is exempt information in accordance
with:
Section 40 (2) Personal data of third parties.
(2) Any information to which a request for information relates is
also exempt information if -
(a) it constitutes personal data which does not fall within
subsection (1), and
(b) either the first or the second condition below is
satisfied>
(3) The first condition is:-
(a) in a case where the information falls within any of paragraphs
(a) to (d) of the definition of "data" in section 1(1) of the Data
Protection Act 1998, that the disclosure of the information to a
member of the public otherwise than under this Act would
contravene:-
(i) any of the data protection principles, or
(ii) section 10 of that Act (right to prevent processing likely to
cause damage or distress), and
(b) in any other case, that the disclosure of the information to a
member of the public otherwise than under this Act would contravene
any of the data protection principles if the exemptions in section
33A (1) of the Data Protection Act 1998 (which relates to manual
data held by public authorities) were disregarded.
(4) The second condition is that by virtue of any provision of Part
IV of the Data Protection Act 1998 the information is exempt from
section 7(1)(c) of that Act (data subject's right of access to
personal data).
The information you have requested is the personal data of a third
party and to release personal data would breach the principles of
the Data Protection Act 1998 and would be unlawful.
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