- Reference Number: 2773
- Date released: 02 November 2010
Request
How many incidents have Cheshire Constabulary attended at
EASTWOOD END CARAVAN PARK, SCHOOLFOLD LANE, ADLINGTON, SK10 4PL
between 1st January 2008 and 30th September 2010. Please provide
the date of attendance and the type/category of incident for each
incident
Response
In accordance with section 1 (1) (a) of the Act our response is
provided below;
The information you have requested relates to a caravan park
with a very small number of residents. It is my opinion that to
disclose the information requested would be certain to identify
individuals. I am not therefore obliged to supply the information
requested.
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 in accordance with Section 40 (2) of
the Act, personal data.
As stated above to disclose the data would in my view identify
individuals. This information is therefore the personal data of the
persons concerned.
Personal data means data which relate to a living individual who
can be identified
(a) from those data or
b) from those data and
other information which is in the possession of, or is likely to
come into the possession of, the data controller.
Section 40(2) of the FOI Act 2000 relates to 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,
In this case disclosure would breach principle 1& 2 of the Data
Protection Act 1998:
Principle 1:
Personal data shall be processed fairly and lawfully and, in
particular, shall not be processed unless-
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the
conditions in Schedule 3 is also met.
Principle 2:
Personal data can only be processed for one or more specified and
lawful purposes, and shall not be further processed in any manner
incompatible with that purpose or purposes.
In this particular case no schedule 2 conditions are met.
General disclosure is not a specified purpose therefore disclosure
would be unlawful. Section 40 (2) is therefore an absolute
exemption .
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