Spyware (8015_18)

Request

  1. How many crimes has your force recorded during each of the financial years 2015/16, 2016/17 and 2017/18 where the crime report contains the word “spyware”.

Please provide a breakdown for each year giving:

  1. A summary of the crime report including the month, the offence(s) recorded and a summary of the circumstances with reference to the type/nature of spyware if possible.
  2. The gender(s) of the suspect(s) and the gender of the alleged victim(s) (please exclude this part of my Foi request if it you conclude it would risk identifying any individuals or exceed the time limit).
  3. What the result of the investigation was, for example a charge or caution etc.
  4. How many crimes has your force recorded during each of the financial years 2015/16, 2016/17 and 2017/18 where the crime report contains the word “malware”.

Please provide a breakdown for each year giving:

  1. A summary of the crime report including the month, the offence(s) recorded and a summary of the circumstances with reference to the type/nature of malware if possible.
  2. The gender(s) of the suspect(s) and the gender of the alleged victim(s) (please exclude this part of my FOI request if it you conclude it would risk identifying any individuals or exceed the time limit).
  3. What the result of the investigation was, for example a charge or caution etc.

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.

REASONS FOR DECISION

The withheld information is exempt by virtue of the following exemptions

Section 40(2) Personal Data

Section 30 (1) Investigations and Proceedings conducted by a Public Authority

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

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

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

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 exemptions:

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 in that this stipulates a generic bar on disclosure of any information applied by, or concerning, certain Security Bodies.

Attachments

Public Interest Test_  

8015_ATTACHMENT_

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