Request / Response
The post match police report and the post match police briefing documents to the following matches:
Aston Villa v Man Utd 5th January 2008
Birmingham City v Man Utd 9th January 2010
Birmingham City v Man Utd 28th December 2010
Aston Villa v Man Utd 3rd December 2011
Arsenal v Man Utd 3rd April 2004
Watford v Man Utd 14th April 2007
DECISION UNDER THE TERMS OF THE FREEDOM OF INFORMATION ACT
We can confirm that some relevant 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. Please find attached a redacted document. This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) for the parts of the document that have not been released.
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 exemptions:
Section 31 (1) (a) (b)
Section 40( 5)
These exemptions and explanatory notes are shown here:
In line with Section 31 of the Act, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please find this PIT attached (3511_PIT)
Section 40 (5) is an absolute and class based exemption if to confirm or deny that the information exists would breach the third party’s data protection rights. In this case to confirm or deny the existence of 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.