FOI How many Officers faced disciplinary action due to sexual contact /relationship (0841-2022/23)

Request

Q1. Between Jan 1 2018 and Dec 31 2022, how many police officers faced disciplinary action for having a sexual relationship or sexual contact with:
- A suspect
- A witness
- A victim
- A person in custody

Q2. What form did the disciplinary action take? For example, did the officer receive an informal warning, a formal written or verbal warning, suspension, dismissal, or a police investigation?

Q3. The gender of the officer and their rank

Q4. The gender of the other person involved

 

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

The information you have requested is published on the North Yorkshire Police website under the following link

Misconduct Outcomes 2016-2020 | North Yorkshire Police

Misconduct Outcomes 2021-2022 | North Yorkshire Police

I have therefore decided to exempt providing you with a response pursuant to Section 21 of the Freedom of Information Act 2000 (the Act).

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 21 – Information Reasonably Accessible by Other Means

Section 21 is an absolute class based exemption and I am not required to consider the harm or public interest when applying this exemption.

Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to your request.

I am exempting the provision of any further detail pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act).

Section 40 – Personal Information

I am exempting the provision of any further detail pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act).This is to ensure anonymity for those involved in each case. I have, however, provided other details to assist in your request, but maintain the elimination of any identification.

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.

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.