In accordance with section 1(1) (a) of the Act our
response is provided below;
I have now considered your request and I am not
obliged to supply you with the information.
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 is exempt by virtue of
Section 30(1) (a) (b) Investigations and Proceedings
Conducted by Public Authorities
Section 40 (2) Personal Data
To deal with the personal data aspect first. The
document you refer to contains entries relating to individuals.
That information is classed as personal data and is subject to the
provisions of the Data Protection Act 1998.
To disclose the information to the general public,
(which is the direct consequence of a Freedom of Information
disclosure), would breach the principles of the Data Protection
Act, in particular principle one, fair and lawful processing and
principle two, processed only for the lawful purposes of the
Constabulary. That processing does not include disclosure to world
at large. To do so would breach the Data Protection Act and would
be unlawful. Section 40 (2) is an absolute exemption.
Section 30 (1) (a) relates to information that the
public authority, (the Constabulary) has obtained during any
investigation which the public authority has a duty to conduct with
a view to it being ascertained (i) whether a person should be
charged with an offence or (ii) whether a person charged with an
offence is guilty of it.
or (b) Any investigation which is conducted by the
authority and in the circumstances may lead to a decision by the
authority to institute criminal proceedings which the authority has
the power to conduct.
The application of this exemption requires the
consideration of the public test.
Factors that would favour disclosure are general
arguments in favour of promoting transparency, accountability and
participation. Disclosure might enhance the quality of discussions
and decision making.
Factors the at would favour non-disclosure include the
prejudicial impact upon individuals and the investigatory and
prosecution process. There is a general recognition that it is in
the public interest to safeguard the investigatory process. This is
highlighted in a case before the Information Tribunal in 2009 when
considering the public interest served by section 30 was 'the
effective investigation and prosecution of crime, which itself
requires in particular the protection of witnesses and informers to
ensure that people are not deterred from making statements or
reports by the fear that they may be publicised.'
On balance and in all the circumstances of the case,
the public interest in maintaining the exemption outweighs the
public interest in disclosing the information.