FOI Malicious Communications (1292-2023/24)

Request

Q1a) Have you received a police report from an individual named 'Ben Obese-Jecty or Benjamin Obese-Jecty in the last 5 years? If yes, how many?
b) How many reports in the last 5 years have you received from said individual where he alleges harassment or malicious communications?
c) How many of these reports in the last 5 years have you received from said individual resulted in 'no further action taken'?
d) How many of these reports in the last 5 years have you received from said individual resulted in a charge?
e)  Could you provide an ethnicity breakdown of those who have been charged due to malicious communications in relation to the individual named above?
f) Could you provide an ethnicity breakdown of those who received a NFA for allegations of malicious communications in relation to the individual named above?

Q2a) How many reports in the last 5 years have you received from the public which are classified as 'malicious communications'
2b) How many reports of malicious communications resulted in no further action?
2c) How many reports of malicious communications resulted in a charge?
2d) Could you provide an ethnicity breakdown of the perpetrators of those who have been charged due to malicious communications in the last 5 years?
2e) Could you provide an ethnicity breakdown of those who received a NFA due to allegations of malicious communications in the last 5 years?

Response

Decision

I have decided to disclose some of the located information to you.

Q1a - f. North Yorkshire Police can neither confirm nor deny any information is held. Please see below for full exemption explanation.

Q2a. From 01 January 2019 to 31 December 2023 North Yorkshire Police recorded 8,561 Malicious Communication Crimes. 

b. Of the above Malicious Communication crimes 92 were finalised with the following outcomes

09-Not in public interest (CPS)

10-Not in public interest (Police)

15-Evidential difficulties prevent further action; victim supports police action

16-Evidential difficulties prevent further action; victim does not support police action

c. 239

d. Please see the table below which details the ethnicity breakdown of the offenders charged for the above malicious communication crimes. Where the figure falls below 5, I have exempted this exact figure pursuant to Section 40(2) of the act. Please see below for the full exemption explanation.

01-Charged/Summonsed	Count
A2. Pakistani	<5
M1. White and Black Caribbean	<5
Not Recorded	32
W1. British	177
W2. Irish	<5
W9. Any other white background	<5
Total	216

e. Please see the table below which details the ethnicity breakdown of the offenders with NFA outcomes as per the above (09, 10, 15 & 16) for the above malicious communication crimes. Where the figure falls below 5, I have exempted this exact figure pursuant to Section 40(2) of the act. Please see below for the full exemption explanation.

01-Charged/Summonsed	Count
Not Recorded	20
A9. Any other Asian background	<5
B1. Caribbean	<5
B9. Any other Black background	<5
W1. White British	68
W9. Any other white background	<5
Total	92

Exemption Explanation

Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.

Section 40 – Personal Information

I am exempting the specific numbers of these individuals pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act).

Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.

Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.

Section 40(2) is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).

This exemption applies because the right given under the FOI Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.

In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 & EU General Data Protection Regulations, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure.  In this instance, personal information can only be disclosed to the individual concerned. 

Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights

Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to your request.

Section 40(5) – Personal Information

North Yorkshire Police can neither confirm nor deny that it holds any of the information you have requested. To either confirm or deny that the information is held would disclose that police individuals had, or had not, made statements to police, which itself is personal information and therefore exempt under Section 40(5)(b) of the Act. To the extent that Section 40(5)(b) applies, North Yorkshire Police has determined that in all the circumstances of the case the public interest in maintaining the exclusion of the duty to neither confirm nor deny outweighs the public interest in confirming or denying whether information is held.

Pursuant to Section 17(4) of the Act this letter acts as a refusal notice in relation to the duty to confirm or deny.

Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data.  It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.