Racist Behaviour (3598_18)

Request

The number of police officers that have been investigated, reprimanded or sacked for racist behaviour in each calendar year from 2014 to 2017.

The details of the incidents that led to disciplinary action taking place and the outcome of that action.

Response

Please find attached our response.

 

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 to release all of the information requested. Please find attached a redacted attachment.

 

REASONS FOR DECISION

 

The redacted information is exempt by virtue of the following exemptions

 

Section 31 (1) (g) – Investigations and Proceedings conducted by a Public Authority

Section 40 (2) – Personal data

 

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 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.

 

In addition to the above exemptions, West Midlands Police will neither confirm nor deny the existence of any ongoing investigations by virtue of

 

S30 (3) – Investigations and Proceedings

 

No inference can be taken from this refusal that the information you have requested does or does not exist.

 

In line with the above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please find this PIT attached

 

As recommended as good practice by the Information Commissioner’s Office a version of this response may be published on the West Midlands Police website.

Attachments

3598_attachment

3598_Public Interest Test

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