FOI Dating App Sexual Offences (0662-2022/23)

Request

I would like to request that a free text search (or equivalent) of your crime database is carried out. To help improve accuracy, I would be grateful if such a search could be narrowed to reports of the following offences:

-Rape (contrary to the Sexual Offences Act 2003)
-Sexual Assault (contrary to the Sexual Offences Act 2003)
-Assault by penetration (contrary to the Sexual Offences Act 2003)
-Causing a person to engage in sexual activity without consent

-Administering a substance with intent (contrary to the Sexual Offences Act 2003)
-Harassment (contrary to the Protection from Harassment Act 1997)
-Stalking (contrary to the Protection from Harassment Act 1997)

For the above specified offences, I would like to request the following free text searches (or equivalent) is carried out of your crime database for the following terms:

"Tinder"
"Bumble"
"Hinge"
"Grindr"
"Dating app"

Following a search in the parameters specified, please

Q1. identify the number of offence records  containing the above phrases between January 1 2017 and November 1 2022

Q2. provide a breakdown of the different offences recorded that included the above search terms by calendar year,

Q3. provide an outcome for each investigation, broken down by offence and year.

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 the located information to you.

Q1. The number of crimes recorded where one of the following search terms is mentioned "Tinder",
"Bumble", "Hinge", "Grindr", "Dating app", from 1 January 2017 to 31 October 2022 is 64.

Q2. Please see the below table which shows the number of crimes recorded where one of the search terms is mentioned, from 1 January 2017 to 31 October 2022, broken down by offence.

Offence	Number
Rape Of A Female Aged 16 And Over	21
Rape Of A Male Aged 16 And Over	3
Sexual Assault On A Female Aged 13 And Over	6
Sexual Assault On A Male Aged 13 And Over	1
Harassment	21
Stalking	12
Total	64

Q3. Please see the below table which shows the number of crimes recorded where one of the below search terms is mentioned, from 1 January 2017 to 31 October 2022, broken down by Outcome.

Offence	Number
01-Charged/Summonsed	3
03-Caution – adults	1
10-Not in public interest (Police)	1
14-Evidential difficulties – suspect not identified	6
15-Evidential difficulties prevent further action; victim supports police action	13
16-Evidential difficulties prevent further action; victim does not support police action	27
18-Investigation complete - no suspect identified	4
21-No Investigation - Not in public interest (Police)	1
Still Under Investigation	8
Total	64

Section 40 – Personal Information

I am exempting providing you a yearly breakdown of the crimes and their outcomes 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 relating to investigations 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.