FOI Dog Theft (0879-2024/25)

Request
Q1. How, it at all, has the process for recording stolen dogs (under the Theft Act) to abducted dogs (under the Pet Abduction Act) changed in 2024?   

Q2. What were the total number of dog theft crimes in 2024 (monthly breakdown if possible)? 

Q3. What was the outcome (charge/summons, community resolution, active investigation, evidential difficulties, no suspect identified) for each dog theft crime in 2024? 

Q4. How many dogs were listed with each dog theft crime in 2024?

Q5. If this question doesn't take us beyond the time required for free FOI feedback, can details about stolen dog breed, gender, age, and location of theft (walk, home, garden, outside shop, from car etc) also be provided for 2024 please?

Q6. If this question doesn't take us beyond the time required for free FOI feedback, can postcode of recorded crime and CRN be included?

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. The Pet Abduction Act 2024 has allowed us to record the abduction of dogs where it is shown that the person who took or detained the dog had no intention to permanently deprive the owner of the dog. Where it is shown that there is an intention to permanently deprive the owner of the dog, a crime of theft under the Theft Act 1968 is still recorded.

Q2. Please see the table below showing the number of reported dog thefts in the period 1 January to 31 December 2024, broken down by calendar month. 

Q3. Please see the table below showing the outcomes of reported dog thefts in the period 1 January to 31 December 2024. 

Q4-5. Information as to the number of dogs listed with each crime, breed, age, gender and location of the theft is not mandatorily recorded. However, where dog breed is recorded within the MO remarks we have provided this below. 

Q6. Postcode and crime reference number are exempt from disclosure pursuant to Section 40(2) of the Act. However, in order to assist, I have provided the data broken down by Safer Neighbourhood Command (SNC) area. Please see the exemption explanation below. 

Please note that the data provided in response to Questions 1-6, represents a count of occurrence number (crimes reported) and not the number of dogs reported as stolen.

 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
I have exempted postcode and crime reference number to refrain from particular incidents becoming identifiable and consequently the personal details of any persons involved being disclosed.

In addition, I have disassociated the tables to refrain from particular incidents becoming identifiable and consequently the personal details of any persons involved being disclosed.

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.

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.