Quickly exit this site by pressing the Escape key Leave this site
We use some essential cookies to make our website work. We’d like to set additional cookies so we can remember your preferences and understand how you use our site.
You can manage your preferences and cookie settings at any time by clicking on “Customise Cookies” below. For more information on how we use cookies, please see our Cookies notice.
Your cookie preferences have been saved. You can update your cookie settings at any time on the cookies page.
Your cookie preferences have been saved. You can update your cookie settings at any time on the cookies page.
Sorry, there was a technical problem. Please try again.
This site is a beta, which means it's a work in progress and we'll be adding more to it over the next few weeks. Your feedback helps us make things better, so please let us know what you think.
Freedom of information request reference no: 01.FOI.22.026504
I note you seek access to the following information:
I will like to know how many people have you dealt with when they are on their phones when driving including your offer and when people send them in.
CLARIFICATION -
When police officer stop people for using phone while driving and people told you about people using their phone while driving
I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:
Section 40(2)(3)&(4) – Personal Information
Reason for decision
Before I explain the reasons for the decisions I have made in relation to your request, I thought that it would be helpful if I outline the parameters set out by the Act within which a request for information can be answered. The Act creates a statutory right of access to information held by public authorities. A public authority in receipt of a request must, if permitted, confirm if the requested information is held by that public authority and, if so, then communicate that information to the applicant.
The right of access to information is not without exception and is subject to a number of exemptions which are designed to enable public authorities to withhold information that is not suitable for release. Importantly, the Act is designed to place information into the public domain, that is, once access to information is granted to one person under the Act, it is then considered public information and must be communicated to any individual should a request be received.
Section 40(2)(3)&(4) – Personal Information - Details of an investigation could cause an individual to be identified and is therefore exempted in this case.
Section 3 of the Data Protection Act 2018 confirms that information which relates to an identified or identifiable living individual is Personal Data.
The Freedom of Information Act provides an exemption for Personal Data and this is known as the section 40 exemption. Some of the information sought under your Freedom of Information request includes the following which we consider to be Personal Data
- Low numbers of people within the data, that could, if disclosed, identify an individual.
Where the request is seeking access to third party personal data the section 40(2) exemption may be engaged.
In order to apply the Section 40(2) exemption the disclosure of the requested information must satisfy either the first, second or third conditions as defined by subsections 3A, 3B and 4A of the Freedom of Information Act 2000 (as amended by Section 58 of the Data Protection Act 2018).
The first condition ensures that the exemption would apply in circumstances where the disclosure of the information would breach any of the Data Protection Act 2018 principles.
There are six Data Protection principles set out in the 2018 act and these can be found at section 34.
In this instance I have decided that the disclosure of the Personal Data would be incompatible with the first Data Protection principle which states that the processing (in this case the disclosure) of the data must be both lawful and fair.
Disclosure
The harm of disclosure is reduced by redacting low numbers from the data. Please see attached a spreadsheet, pursuant to your request for information.
Table 1 - Supervise whilst using mobile phone and Use a handheld mobile phone / device while driving a MV on a road - ENDORSABLE
• The monthly data both row labels has been redacted due to low numbers of people, to reduce the possibility of people being identified within the data including self-identification.
Table 2 - Supervise whilst using mobile phone - Allegations
• The monthly data has been redacted due to low numbers of people, to reduce the possibility of people being identified within the data including self-identification.
• I have also redacted the total for August in table 2, as the reader would simply be able to calculate the redacted Supervise whilst using mobile phone figure if provided along with Use a handheld mobile phone / device while driving a MV on a road – ENDORSABLE total. All other months within table 2 have been provided.