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Fatalities on Smart Motorways 2014 to 2021 ( 772A/21)

Request

Please could you provide me with the following information regarding fatal road traffic collisions on smart motorways since January 1, 2014:

  • 1.The total number of fatalities during that period
  • 2.The date, location and names of those killed in each collision
  • 3.What type of smart motorway the collision occurred on i.e. controlled motorway, dynamic hard shoulder, or all lane running

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 not required to release all of the information requested.

The information that we can provide is detailed below: (DHS = dynamic hard shoulder)

Date Location Deceased Motorway Type
16/03/2014 M6 J10-J9 Benjamin ELLIMAN DHS
06/07/2014 M6 J4-4a Haroon RAJA DHS
07/07/2015 M6 J4a-4 Lee SMITH DHS
04/02/2016 M6 J5-J6 This is exempt by virtue of section 40(2) Personal information DHS
21/08/2016 M6 J10-J10a Anthony MARSTON DHS
18/08/2017 M6 J6-J5 Jamil AHMED DHS
31/05/2018 M6 J6-J5 Dev NARAN DHS
14/03/2019 M6 J10 This is exempt by virtue of section 40(2) Personal information DHS
27/07/2020 M6 J9 Victoria KAVANAGH DHS

 

REASONS FOR DECISION

The withheld 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 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. 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

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