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Request
I have been informed that a drugs raid took place at [REDACTED INFORMATION] , North Yorkshire, that 2 men were arrested and 1 has been given a prison sentence. Please correct me if I am wrong. I am acting landlord on this property [REDACTED INFORMATION] and would like any conformation documentation in relation to this incident. Please could you supply any information on [REDACTED INFORMATION] who is the tenant. I understand that the court case was not that long ago, however any information on this property over the last 4 years would very much be appreciated.
Response
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police.
Decision
North Yorkshire police can neither confirm nor deny that information is held as the duty in s1(1)(a) of the Freedom of Information Act 2000 does not apply by virtue of the following exemptions:
Section 40(5) Personal information
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 40 is a class based absolute exemption and there is no requirement to consider the public interest in this case.
Consideration on applying this exemption is subject to whether the disclosure of any other information would lead to identifying individuals and place information pertaining to them into the public domain. This constitutes personal data which would, if released, be in breach of the rights provided by the Data Protection Act 2018 and General Data Protection Regulations; namely the first data protection principle, which states that personal data will be processed lawfully, fairly and transparently. It is my view that the request runs counter to the three requirements prescribed by law and that there is no lawful basis to provide this information.
This is an absolute exemption, and no public interest test is required.
Pursuant to Section 17(5) of the Freedom of Information Act this letter acts as a Refusal Notice.
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.