- Enforcing jurisdiction
- United Kingdom · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
Devon and Cornwall Police – Dismissed (United Kingdom, 2020)
Privacy enforcement record
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The Information Commissioner's Office dismissed a complaint against Devon and Cornwall Police regarding the release of personal information. The police argued that disclosing the information would violate privacy laws. This case shows the balance between public interest and personal privacy.
What happened
Devon and Cornwall Police withheld information requested about a person's death, citing privacy laws.
Who was affected
A complainant seeking information about a man who died while in police custody.
What the authority found
The Information Commissioner's Office decided that the police were justified in withholding the information to protect personal privacy.
Why this matters
This decision highlights the challenges in balancing public interest and individual privacy rights. Organizations should be aware of the legal grounds for withholding sensitive information.
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The complainant had requested from Devon and Cornwall Police (“D&CP”) information about the death of a man with mental health issues, who had been restrained with an emergency response belt while in police custody. D&CP referred the complainant to some information in the public domain, said that some of the information described in the request was not held and said that the remainder was exempt from disclosure under section 30(1) (investigations and proceedings), section 38(1) (health and safety) and section 40(2) (personal information) of the FOIA. The ICO had to assess whether the requested information constitutes personal data according to the Data Protection Act 2018 (DPA 2018). Then, if it is personal data, the ICO must establish whether disclosure of that data would breach any of the data protection principles under the DPA 2018. Starting its assessment the ICO found that the withheld information constitutes personal data. It noted that according to Section 40 of the FOIA, the exemption from disclosure applies when the disclosure to the public would contravene any principles laid down in Article 5 GDPR. The most relevant data protection principles in this case was lawfulness, fairness and transparency of processing according to Article 5(1)(a) GDPR. As for the lawfulness, the ICO considers that there is a legitimate interest according to Article 6(1)(f) GDPR. However, this legitimate interest proves insufficient to outweigh the data subjects’ fundamental rights and freedoms, hence the disclosure of the information would not be generally lawful. Given that disclosure would be unlawful, the ICO considered that she does not need to go on to separately consider whether disclosure would be fair or transparent. Finally, the ICO decided that D&CP was entitled to withhold the information requested under section 40(2), by way of section 40(3A)(a)of the FOIA.
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for Devon and Cornwall Police in UK
This is the only recorded action for this entity in this jurisdiction.
Details
Decision Date
3 February 2020
Authority
Information Commissioner's Office
About this data
Cite as: Cookie Fines. Devon and Cornwall Police - United Kingdom (2020). Retrieved from cookiefines.eu
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