Statement made in relation to dog attack

I would like to make a formal request under the Freedom of Information Act for the statement made by my XXX XXX XXX XXX to the police following an attack by a dog owned by Mr XXX XXX. The attack occurred on XX April 2010.

The statement was given at Congleton Police Station on April XXX 2010

The reference is

XXXXXXX Case ref: XXXXXXXX

On making a previous informal request for information regarding Mr XXXXX statement I was told by XXXXXXXXXX that this was protected under the Data Protection Act in her letter of 6th July 2010 ref XXXXXXXXXX

I wrote to XXXXXXXXX on 1st November asking for XXXXXXX statement only ,as there is now a civil hearing over this case (see below). I have had no reply hitherto and therefore I would like to make a formal request under the act.

I believe that I am entitled to see this statement under FOI.

Further email sent 09/11/2010:

To save a further request, would you be good enough to extend my existing request to sending me a copy of the CPS determination on this case?

If you were possibly able to provide the information by the beginning of the week preceding 6th Dec it would be extremely helpful.

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 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) Personal Data

Section 30 (1) (a) Investigations and Proceedings Conducted by Public Authorities.

In relation to the statement:

Section 40(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.

In this case disclosure of the statement requested would breach principles 1 and 2 of the Data Protection Act 1998 and would be unlawful, therefore section 40 (2) is an absolute exemption.

In relation to the statement and the CPS determination.

Section 30 (1) (a) Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of -

(a) 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.

This is a qualified class based exemption that requires an explanation of where the public interest lies.

Arguments in favour of disclosure.

There are the general arguments in favour of promoting transparency, accountability and participation. Disclosure of the documents may enable a greater understanding of events and the decision making process.

Arguments in favour of non disclosure.

The specific circumstances of this case and the content of the information requested. Clearly a disclosure that would break the law would not be in the public interest. In there is a general recognition that it is in the public interest to safeguard the investigatory process. The right of access should not undermine the investigation and prosecution of criminal matters nor dissuade individuals from coming forward with information. This principle was recognised by the Information Tribunal when it stated that the general public interest served by section 30 was the effective investigation and prosecution of crime, which itself requires in particular (a) the protection of witnesses and informers to ensure people are not deterred from making statements or reports by fear they may be publicised.....