Prostitution Arrests (6230/16)

Request

The number of arrests, and the outcomes of such arrests, from 30/09/2014 to date for:

1. Loitering or soliciting in a street or public place for the purposes of offering services as a prostitute.
2. Soliciting for prostitution (Home Office offence codes 167/01 and 167/02)
3. Causing or inciting prostitution for gain (Home Office offence code 24/17)
4. Controlling prostitution for gain (Home Office offence code 24/18)
5. Keeping a brothel (Home Office offence code 24/19)

If you hold data on the age and gender of each suspect, please include this.

If each arrest has a unique ID code, please provide this.

Response

We can confirm that 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. This letter serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) for the requested information that has not been disclosed.

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 requested information that has not been disclosed. The information is exempt by virtue of the following exemptions:

Section 40(2) Personal Information

These exemptions and explanatory notes are shown here:

https://www.app.college.police.uk/app-content/information-management/freedom-of-information/#freedom-of-information-exemptions

Section 40(2) is an absolute and class based exemption if to provide the information would breach the third party’s data protection rights. In this case, to provide the data 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.

In addition to the attached, West Midlands Police can neither confirm nor deny that it holds any other information with regard to an exempt body as the duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemption:

Section 23(5) Information supplied by or concerning certain Security Bodies.

Section 23 is a class based absolute exemption and there is no requirement to consider the public interest in this case.

Confirming or denying the existence of whether any other information is held would contravene the constrictions laid out within Section 23 of the Freedom of Information Act 2000 in that this stipulates a generic bar on disclosure of any information applied by, or concerning, certain Security Bodies.

No inference can be taken from this refusal that any further information does or does not exist.

Attachments

6230_ATTACHMENT

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