FOI Interpol Notices (0028-2022/23)
Request
Interpol Notices
- I have just re-read your response and I note that you say it may be possible to disclose a total number for current live/valid alerts. Could you therefore file a new request for this information?
- Regarding policies and guidelines for wanted suspects + Interpol, could you disclose any NYP-specific/internal documents? Thank you.
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 some of the located information to you.
- As at 11 March 2022, North Yorkshire Police had a total of 72 live notices. Please note that this total is only valid for the date in question because the information is dynamic. Due to the low numbers, I am exempting providing any further breakdown of this information pursuant to Section 27 – International Relations, Section 31 – Law Enforcement and Section 40 – Personal Information. Please see exemption explanation below.
- North Yorkshire Police do not hold any NYP specific internal documents relevant to your request. I must therefore inform you that there is no information held.
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 – Personal Information
Section 40(2)(b) 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 (that of ‘fairness’.)
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 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 this instance it has been determined that the duty to the individual under the Data Protection Act 2018, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such cases, outweighs the public interest in disclosure.
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 27 – International Relations
Section 27(1) is a qualified, prejudice based exemption and there is a requirement to articulate the harm as well as carrying out a public interest test.
Information is exempt from disclosure if it would, or would be likely to, prejudice relations between the UK and any other state; relations between the UK and any international organisation or international court; and the interests of the UK abroad.
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.
Information is exempt from disclosure if it would, or would be likely to prejudice the prevention or detection of crime; the apprehension or prosecution of offenders; the administration of justice.
Overall Harm for Sections 27 and 31
As you may be aware, disclosure under FOIA is a release to the public at large. Although there is a call for openness and transparency this needs to be balanced against any harm in disclosure. The Police Service has a clear responsibility to prevent and detect crime and disorder as well as maintaining public safety. There are a number of tactics available to the Police Service to ensure public safety is at the top of the agenda, as well as ensuring the effective delivery of law enforcement. The application of Interpol notices forms part of the Law Enforcement and International Relations remit for forces.
Modern day policing is intelligence led and this is particularly pertinent with regard to the operational policing remit quoted above. The prevention and detection of crime is the foundation upon which policing is built and the threat from terrorism cannot be ignored. It is generally recognised in the current environment that the international security landscape is increasingly complex and unpredictable.
In order to counter criminal and terrorist behaviour, it is vital that the police have the ability to work together, where necessary covertly, to obtain intelligence within current legislative frameworks to assist in the investigative process ensuring the successful arrest and prosecution of offenders who commit or plan to commit acts of terrorism or crime. This process may at times involve the application by forces for Interpol Notices.
To achieve this goal, it is vitally important that information sharing takes place between police officers, members of the public, police forces as well as other security law enforcement bodies within the United Kingdom and overseas. Such as action would support counter-terrorism measures in the fight to deprive terrorist networks of their ability to commit crime.
Although there is confirmation within the public domain relating to this subject, the impact of disclosing the breakdown of Interpol Notices under FOI, due to low numbers, would reveal policing activity which would provide specific investigative activity relating to these areas of policing. If this information was disclosed this would allow criminals and terrorists to build a picture of North Yorkshire Police activity surrounding this subject which may emphasise vulnerabilities and tactical options.
S27 recognises that the effective conduct of international relations depends upon the maintenance of trust and confidence between states and international organisations. If the UK does not maintain this trust and confidence, its ability to protect and promote UK interests through international relations will be severely diminished. Disclosure of such information would very likely be seen as a breach of trust, which is fundamental to international relations in general. In this particular instance, is vital to the UK’s ability to conduct effective relations with these countries as part of the law enforcement remit.
Disclosing the requested information would harm the close relationship that exists with such organisations, where trust and confidence has been built up.
Public Interest Considerations
Section 27(1) International Relations
Factors favouring disclosure
Disclosure of information would assist in furthering the understanding of, and participation in public debate. It would promote accountability and transparency in how public money is spent and help individuals to understand the decisions made by the Force which may affect their lives.
Factors favouring non-disclosure
The effective conduct of the UK’s international relations depends upon maintain the trust and confidence of other states and international organisations. This relationship allows for a free and frank exchange of information between the UK and its partners.
Disclosing this information may impact and undermine the trust and confidence other states and international organisations have in the UK. Due to the low numbers present within North Yorkshire Police, disclosure of a breakdown of is more likely to be prejudicial and reveal sensitive information.
Section 31(3) Law Enforcement
Factors favouring disclosure
There is a strong public interest in disclosing this information, as this would provide openness, transparency and a better awareness to the public that North Yorkshire Police are proactively carrying out investigations which require liaising with Interpol.
Factors favouring non-disclosure
North Yorkshire Police, other law enforcement agencies both within the UK and abroad, and the Police Service generally work together to ensure the effective delivery of operational law enforcement. Disclosing the information requested would enable terrorists and those intent on committing criminal offences to try to use the information to gain an insight into policing investigative activity numbers. Furthermore, this information to all intents and purposes can be classed as operational intelligence and extremely sensitive and the disclosure of which would compromise an ongoing operation, which may or may not be covert.
Public safety is of paramount importance and to disclose the information requested to the world would undermine the capability of police forces and other law enforcement agencies both at home and abroad.
Balancing Test
The points above highlight the merits for disclosing and withholding the requested information. The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. As part of that policing purpose, relationships are built with other organisations to develop and target precise areas of policing.
Whilst there is a public interest in the transparency of policing and how public funds are allocated there is a very strong public interest in safeguarding the intricacies and tactical capabilities surrounding organised crime and terrorism.
Furthermore, the smooth relationship between domestic and overseas law enforcement agencies is also extremely important to the Police Service as a whole. As evidenced above there is considerable risk that disclosure of all of the information requested would be seen by some as a breach of vital trust and confidence, and would cause severe and lasting damage to UK relations with other states. The release of information that is likely to prejudice the interests of the UK abroad, and further undermine the ability of the UK to protect and promote its interests abroad cannot be in the public interest, and therefore the public interest test favours withholding the requested information.
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 planning information 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.