Information on Operation Snap

Freedom of information request reference no: 01.FOI.23.028875

I note you seek access to the following information:

Please provide the dataset (the whole spreadsheet or database) in which you record the submissions and outcomes of for your operation snap (or similar operation with the purpose of receiving and acting on public submissions of video evidence from the roads).

I would expect the dataset to include individual reports and include the time, date, location, type of offence and outcome but I would like all other data stored other that which is exempt by law (index, names, personal comments). I would like the period to cover all of 2022.

Decision

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) - Personal Information

Reason for decision

The time and date is exempt and I have am afraid that I am not required by statute to release this information.

Section 40(2)&(3) - Personal Information - of the Act provides that any information to which a request for information relates, is exempt information if the first condition of Section 40(3A)(a) is satisfied. The first condition of Section 40(3A)(a) states that personal information is exempt if its disclosure would contravene any of the data protection principles. If the disclosure of the requested personal data would not contravene the data protection principles, the disclosure must also not contravene Sections 3A(b) and 3B of the Act.

There are six principles that are set out in Article 5(1)(a) of the General Data Protection Regulations (GDPR) that dictate when the processing of personal data is lawful. The first principle requires that any processing of personal data must be lawful, fair and transparent. Under Article 6(1)(f) of the GDPR, the disclosure of personal data is considered to be lawful if:

a. There is a legitimate interest in the disclosure of that personal data.
b. The disclosure of the personal data is necessary to meet that legitimate interest.
c. The disclosure would not cause unwarranted harm to the data subject.

Having considered the release of the time and date I have found, having considered the legitimate interest test, that:

a) The disclosure of the time and date would not satisfy an identifiable legitimate interest.

b) As there is no legitimate aim the disclosure of the time and date is not necessary.

c) Publication of this information would be likely to lead to unwanted attention as the time and date, if released, alongside the data within the spreadsheet would lead to the identification of individuals. In this regard, I believe that disclosure of this personal data would be likely to cause unwarranted harm.

The provision to refuse access to information under Section 40(2)(a)(b) and (3A)(a) of the Act is both absolute and class based. When this exemption is claimed, it is accepted that harm would result from disclosure. There is accordingly no requirement to demonstrate what that harm may be in refusing access to information.

Disclosure

Having located and considered the relevant information, I have disclosed the majority of the information. Please refer to spreadsheet below.