EDL Protest (313_15)

Request

I would like to request the following information under the FOIA, in digital form is possible:

 

all documents and internal & external correspondence related to the rationale, planning, execution and fall out from Bar Risa (on Broad Street, Birmingham) hosting the English Defence League (EDL) prior to and after its protest in the city on 20 July 2013

 

all documents and internal & external correspondence related to the rationale, planning, execution and fall out from Bar Risa (on Broad Street, Birmingham) hosting the English Defence League (EDL) prior to and after its protest in the city on 11 October 2014

Response

We can confirm that information is held by West Midlands Police. However, while the majority of the information is attached to this email I am afraid that I am not required by statute to release all of the information requested. This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) the redacted information.

 

REASONS FOR DECISION

 

The Freedom of Information Act places two responsibilities on public authorities, the first of which is to confirm what information it holds and secondly to then disclose that information, unless exemptions apply.

 

In this case, this letter represents a Refusal Notice for the redacted parts of the attached document.  The information is exempt by virtue of the following exemption

 

Section 40 (2) Personal Data

 

This exemption and explanatory notes are shown here:

 

http://www.west-midlands.police.uk/docs/advice-centre/foi/exemptions.pdf

 

Section 40 (2) is an absolute and class based exemption if to release the information exists would breach the third party’s data protection rights.  In this case to release this personal information would not constitute fair processing of the data and therefore would breach the first of the principles within the Data Protection Act 1998. As this exemption is class based I am not required to identify the harm in disclosure and in this instance I believe that the right to privacy outweighs any public interest in release.

 

Attachments

0001_313_ATTACHMENT_15

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