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Request
Q1. Under the Freedom of Information Act 2000, I am requesting all information held in connection with the disappearance of Claudia Lawrence in March 2009.
Specifically, I am requesting:
- Copies of all internal police reports, investigative summaries, and chronological case timelines.
- Any audio or video recordings, including CCTV footage and interview tapes (with redactions as necessary).
- Photographs, maps, or forensic materials relevant to the investigation.
- Transcripts or summaries of interviews or witness statements.
- Any communications or correspondence related to public appeals, press involvement, or inter-agency discussions.
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
Your request for information has now been considered and I am not obliged to supply the information requested pursuant to Section 30(1)(a) – Investigations, Section 38 – Health and Safety and Section 40(2) - Personal Information.
Explanation of Exemptions
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. Please see the exemption explanations below.
Section 30 - Investigations
Section 30 is a qualified, class-based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.
Public Interest Test
Reasons for Disclosure
The public have an interest in understanding how the police investigate crimes and they may also have information relating to the case matter.
Reasons against Disclosure
There are times when releasing data is necessary for the investigation and only when those circumstances arise will any publication be presented.
Disclosure of the requested information could hinder the investigation and any individuals/offenders could potentially take further measures to avoid detection if details are released into the public domain.
Section 38 – Health and Safety
Section 38 is a qualified, prejudice-based exemption, which requires that I conduct a public interest test and evidence the harm in releasing such information.
Overall Harm
Releasing the requested information would be likely to endanger the physical and mental health of those close to the victim. Releasing the details would bring back the accounts of any incidents and memories of the victim, which may be distressing for them. The information may also be subject to infringement of privacy by interested parties, such as the media, other members of the public and “trolls”, as online technology allows people globally the opportunity to comment in real time on such events, sometimes anonymously. By disclosing the requested information, relatives of the victim may be subject to unwarranted attention.
All of the above would publicly resurrect traumatic events, which would present a risk to physical and mental health of all those involved.
Public Interest Test
Reasons for Disclosure
Disclosure of the requested information would make for a better informed public and develop public confidence that any information provided regarding crimes are dealt with appropriately and responsibly. This would demonstrate the openness and transparency of North Yorkshire Police.
Reasons against Disclosure
Releasing such personal information into the public domain where details have not been previously released would be unfair to those involved as it may cause them distress. Cases that have a sensitive and emotive nature, releasing the information to the wider public would present as a real and significant risk to physical and mental wellbeing.
Balance Test – Sections 30 and S38
Having considered all of the factors for and against disclosure, it is my opinion that the reasons for non-disclosure outweigh the reasons for disclosure.
Section 40 – Personal Information
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.