Unsolved Murders (713A/22)
I would like to request under the Freedom of Information Act 2000 a list of the unsolved murders, including name of victim, as well as date and place of fatal attack, from 2018, 2019, 2020, 2021 and 2022 to date.
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 not required to release all of the information requested. Please find attached our response.
REASONS FOR DECISION
The redacted and withheld information is exempt by virtue of the following exemptions:
Section 30(1)(a)(b) – Investigations and proceedings
Section 38(1)(a)(b) – Health and safety
Section 40(2) – Personal information
These exemptions and explanatory notes are shown here:
In line with Sections 30 and 38 above, I am required to complete a Prejudice Test/Public Interest Test (PIT) on disclosure. Please find this PIT attached (713A_PIT).
Should information relevant to this request exist it would pertain to the personal data of any individual involved in matters leading up to and surrounding the deceased’s death and/or any other individuals connected/related to the deceased. Therefore, it is exempt from disclosure and the exemption that applies to this type of information is Section 40 of the Freedom of Information Act 2000.
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.