In accordance with section 1 (1) (b) of the Act our response is
provided below;
I have now considered your request and I am not obliged to
supply any of the information held by the Cheshire Constabulary in
relation to your complaint and allegations.
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) Investigations and Proceedings Conducted by
Public Authorities.
Section 40 (1) The applicants personal data
Section 40 (2) The personal data of person other than the
applicant.
Section 30 is a qualified class based exemption that requires
the application of a public interest test. Responses to Freedom of
Information requests are responses to the public at large and not
just to the applicant.
Arguments in favour of disclosure are the general arguments in
favour of promoting transparency, accountability and participation.
Such disclosures may enhance the quality of discussions and
decision making.
Arguments in favour of maintaining the exemption centre around
the need to protect the investigatory process. There is a general
recognition that it is in the public interest to safeguard such
processes. The right of access should not undermine the
investigation of criminal matters not dissuade individuals from
coming forward to report wrongdoing. This principle is recognised
by the Information Tribunal and 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.
In all the circumstances of the case the public interest in
maintaining the exemption outweighs the public interest in
disclosure.
Section 40 (1) The applicants personal data. This is an absolute
exemption. (Please see below for details of how to obtain copies of
your own personal data.)
Section 40 (2) 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 principles 1 & 2 of the
Data Protection Act 1968 and would be unlawful. Section 40 (2) is
therefore an absolute exemption.
Accessing your own personal data.
The Data Protection Act 1998 gives a right of access to copies
of your own personal data. Please see the pages on our web site
that provide information on this subject and access to the
application form: Subject Access
Application Form
Please be aware that the provisions of the Data Protection Act
allowing access to personal data are primarily to enable data
subjects to correct any error in recorded information. There is no
right of access to third party data and there are exemptions that
may apply to unstructured files, i.e. none computerised
records.