Sex Discrimination Complaints (4866_14)

Request

For 2013 and 2014 to date:

a) How many complaints were made to your force under the Sex Discrimination Act, including internal complaints taken to tribunal.

b) A breakdown for each, showing i) the age and sex of complainants, ii) the ranks of any police personnel involved, iii) a summary of the case, iv) the outcome, including amount paid in compensation

Response

 

DECISION UNDER THE TERMS OF THE FREEDOM OF INFORMATION ACT

I can confirm that relevant information is held by West Midlands Police. However, while some of this is attached (4866_attachment_01.pdf) 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).

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 any further breakdown of the cases. The information is exempt by virtue of

Section 40(2) – (Personal Information).

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 that 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 attached response, West Midlands Police will neither confirm nor deny that we hold any other information relative to your request by virtue of Section 30(3).

This exemption and explanatory notes are shown here:

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

In line with the above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please see attached (4866_PIT_01.pdf).

Attachments

4866_attachment_01 4866_PIT_01

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