FOI 0288-2024/25- Non-Crime Hate Incidents

Request:

Q1. How many Non Crime Hate Incidents (NCHI) did your force record between June 3, 2022 and June 3, 2023?

Q2. How many NCHIs did your force record between June 3, 2023 and June 3, 2024?

Q3. For the NCHIs between June 3, 2023 and June 3, 2024, what was the reason for each NCHI being recorded?  (prejudice strand)

Q4. Please provide the call log data for each NCHI between June 3, 2023 and June 3, 2024. (information recorded on each call)

Response: 

Extent and Result of Searches to Locate Information

To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.  

Decision

I have today decided to disclose the located information to you.

Q1. 151 non-crime hate incidents recorded between 03 June 2022 to 02 June 2023.

Q2 & Q3. Please see the table below the total number of non-crime hate incidents recorded between 03 June 2023 to 02 June 2024, broken down by prejudice strand.

*Please note that each incident can have multiple prejudice strands attached. The above results have been distinctly counted with the primary prejudice strand.

Q4. I have decided to exempt any additional information to that provided above namely the call log data pursuant to section 40 (Personal Information) and section 31 (Law Enforcement) Freedom of Information Act 2000 (the Act). This is to prevent the identification and protect the anonymity for those involved in each case. In addition, the public make reports to the police, (some of which are highly sensitive) in confidence and regardless of whether all personal information is redacted to protect the identity of those involved, the details of a report made to the police could potentially impede the complainants future confidence in the police. Please see the exemption below.

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(2) – Personal Information

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)).

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.

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

Section 31 – Law Enforcement

Section 31 is a prejudice-based qualified exemption and there is a requirement to articulate the harm as well as carrying out a public interest test.

Evidence of Harm

As you may be aware, disclosure under FOIA is a release to the public at large. Whilst not questioning the motives of the applicant, disclosing details of call log data related to non crime hate incidents committed would allow patterns of behvaiour to be recognised which may compromise Law Enforcement and any future tactics or plans to apprehend subjects or offenders. This would be to the detriment of providing an efficient policing service and a failure in providing a duty of care to all members of the public.

The call log data recorded of non crime hate incidents are sensitive to the reporting person and albeit it can be redacted to protect their identity, disclosure of such information may impact the future relationship between the complainants and the police. This could subsequently also affect any future reports they may wish to make, due to the risk of that information would be released into the public domain, via FOIs.

Furthermore, the Police are there to support the public and deliver effective law enforcement, including the investigation of subjects and the protection and safeguarding of complainants. Releasing any call log data related to non crime hate incidents could compromise the personal safety of any complainants if a subject is unaware the incident has been reported and in turn potentially impact any subsequent/future investigation.

Providing details of how specific incidents have occurred may also facilitate future incidents or crimes. It is widely known that Freedom of Information is utilised and exploited by criminals to gain intelligence of policing activities. The release of call log data related to non crime hate incidents can give other criminals knowledge of how to commit similar, and in some cases more sophisticated, incidents or offences.

Information that adversely affects public safety and confidence will have a negative impact on law enforcement.

Factors favouring disclosure under Section 31

Releasing information would allow the public to see the type of incidents reported, making them more aware of such incidents which would enable them to take any necessary precautions to protect themselves.

It would show how public funds are being spent in relation to protecting the public.

Factors against disclosure under Section 31

A fear of such incidents would be realised by the public.

Complainants could be placed at risk if the subject is unaware of police involvement as the call log data can provide specific details about the incident.

Any non crime hate incidents reported, are sensitive in nature and individuals need to ensure that the reports they provided are confidential. Individuals may therefore become reluctant to provide information, which could assist an investigation, due to concerns that the information provided may be requested and released under Freedom of Information requests.

Balance test

The safety of the public is of paramount importance and the Police service will not divulge the information, if to do so would place the safety of individuals at risk or compromise law enforcement.

Whilst there is a public interest in the transparency of policing, ongoing criminal activity and providing assurance that the police service is appropriately and accurately recording and investigating such incidents, there is also a very strong public interest in safeguarding the integrity of police reports and those that report non crime hate incidents.

As much as there is public interest in knowing that policing activity is appropriate and balanced this will only be overridden in exceptional circumstances. It is our opinion that for these issues the balancing test for exempting your request for call log data in relation to non crime hate incidents is not made out.

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 part of your request.

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.