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Request
Q1. Please can you supply me with the following information?
Registration number:
Make:
Model:
of all vehicles currently on your fleet list (both owned/leased) and all vehicles sold between 01/09/2023 and 31/10/2024, within your Police Constabulary.
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 following information to you.
Q1. Please see the below table showing current fleet vehicles including make and model. Vehicle Registration Numbers (VRNs) and information relating to covert vehicles, Armed Response Vehicles (ARV) and specialist vehicles are exempt from disclosure pursuant to Section 31(1)(a)(b) of the Freedom of Information Act (the Act). Please see exemption explanation below.
Make |
Model |
No. of vehicles |
BMW |
330 |
6 |
BMW |
340i |
11 |
BMW |
M135i |
3 |
BMW |
R1150 |
2 |
BMW |
RT 1250 |
6 |
BMW |
RT1200 |
2 |
BMW |
X5 |
4 |
Ford |
Focus |
2 |
Ford |
Focus ST |
1 |
Ford |
Kuga |
5 |
Ford |
Ranger |
13 |
Ford |
Transit |
32 |
Honda |
CRF |
2 |
Peugeot |
208 |
73 |
Peugeot |
3008 |
16 |
Peugeot |
308 |
71 |
Peugeot |
5008 |
1 |
Peugeot |
Boxer |
2 |
Peugeot |
Expert |
53 |
Peugeot |
Partner |
16 |
Renault |
Master |
1 |
Vauxhall |
Corsa |
2 |
Vauxhall |
Movano |
1 |
Vauxhall |
Vivaro |
44 |
Volkswagen |
Caravelle |
2 |
Volvo |
XC40 |
2 |
Q2. Please see below table showing all fleet vehicles sold between 1 September 2023 and 31 October 2024. As above, information as to covert vehicles, ARVs and specialist vehicles are exempt from disclosure pursuant to Section 31 of the Act. VRNs are exempt from disclosure pursuant to Sections 31 and 40 of the Act.
Make |
Model |
No. of vehicles |
BMW |
RT1200
|
3 |
BMW |
R1200 |
1 |
Ford |
Kuga |
6 |
Ford |
Ranger |
4 |
Ford |
Transit |
49 |
Peugeot |
208 |
2 |
Peugeot |
308 |
9 |
Peugeot |
508 |
1 |
Peugeot |
Partner |
1 |
Vauxhall |
Antara |
1 |
Vauxhall |
Astra |
2 |
Vauxhall |
Combo |
1 |
Vauxhall |
Corsa |
2 |
Vauxhall |
Vivaro |
9 |
Volkswagen |
Caravelle |
3 |
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 31 - Law Enforcement
Section 31 is a qualified, and prejudice based exemption. Therefore, the harm should be articulated, and arguments given as to the public interest test.
Harm
Disclosure of full information on fleet, such as full VRNs, and details of covert/ARV/specialist vehicles could be of intelligence value to a person or persons with criminal or malicious intent. Full disclosure could provide and enable targeted malicious actions, be that some form of attack on an operational unit, or avoiding that unit for example where strengths and weakness may be perceived (whether incorrectly or not).
Although VRNs are an overtly displayed marker that can be clearly seen and are intended to be seen, to disclose a ready-collated list of vehicles with complete vehicle registration numbers would be substantially more harmful than the limited availability of related information via the visibility of vehicles whilst on public roads. In practice, all of this information is not realistically accessible to a member of the public and is therefore not in the public domain.
Providing full lists of VRNs for marked vehicles provides opportunities for criminality to benefit, or for risks to be extended to members of the public:
Additionally, law enforcement tactics and operational capability would be compromised with the disclosure of VRN details requested such as that relating to unmarked cars, as those who wish to commit criminal acts will be more aware of what vehicles may belong to the force in a covert role, that assist with preventing and detecting crime.
Such a disclosure would allow those with criminal intent the ability to build up a mosaic picture of force capabilities and resources and use this information to undermine law enforcement. This places the community at increased unnecessary risk of harm and impacts on police resources if additional resources and tactics need to be put in place to counter any harm caused by an adverse FOIA disclosure.
Public Interest Test
Factors favouring disclosure – Section 31
There is a legitimate public interest in the public being satisfied that the police force has up to date and well maintained vehicles to deliver services to the public when and where required.
Factors favouring non-disclosure – Section 31
The Police Service has a duty to deliver effective law enforcement ensuring that the prevention and detection of crime, apprehension or prosecution of offenders and administration of justice is carried out appropriately.
Disclosing information that would allow the identification of all vehicles may reveal what resources are available for a given role and this information could enable police strength to be determined and circumvented by those intent on committing crime. The release of this information could therefore provide a tactical advantage to offenders which would negatively impact on public safety and undermine the policing purpose.
Disclosing the details of covert vehicles would provide sufficient information to those involved in criminal activity of the capabilities available to the force when carrying out covert activities in certain areas. This could result in them taking steps to evade detection and to destroy evidence if they believe that their movements are being monitored. This could also lead to vehicles and officers being identified which would render their covert capabilities useless.
Balance Test
It is not in the public interest for law enforcement tactics and operational capability to be compromised with the disclosure of Fleet VRNs, covert, ARV and specialist vehicles, as those who wish to commit criminal acts will be more aware of the vehicles in operation to assist with preventing and detecting crime.
Such a disclosure that would allow those with criminal intent the ability to build up a mosaic picture of force capabilities and resources which could be used to undermine law enforcement. This would not be in the public interest.
Disclosure is also not in the public interest as it places the community at increased unnecessary risk of harm and impacts on police resources. This is especially the case if additional tactics/resources need to be put in place to counter harm caused by an adverse FOIA request regarding police vehicles.
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.
Section 40 – Personal Information
Decommissioned police vehicles are sold at public auction and will re-appear in domestic use, usually driven by members of the public. Once an individual owns a vehicle the VRN becomes their personal data.
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 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.