Quickly exit this site by pressing the Escape key Leave this site
We use some essential cookies to make our website work. We’d like to set additional cookies so we can remember your preferences and understand how you use our site.
You can manage your preferences and cookie settings at any time by clicking on “Customise Cookies” below. For more information on how we use cookies, please see our Cookies notice.
Your cookie preferences have been saved. You can update your cookie settings at any time on the cookies page.
Your cookie preferences have been saved. You can update your cookie settings at any time on the cookies page.
Sorry, there was a technical problem. Please try again.
This site is a beta, which means it's a work in progress and we'll be adding more to it over the next few weeks. Your feedback helps us make things better, so please let us know what you think.
Request
How many members of staff have faced disciplinary proceedings over their use of social media and messaging services over the past five years. Please can you break this down by year (2019, 2020, 2021, 2022 and 2023) Job title, the outcome of the proceedings & whether they are still employed.
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 which is correct as of 15 July 2024.
Please see the table below which details the number of North Yorkshire Police officers who faced disciplinary proceedings due to their use of social media from 01 January 2019 to 31 December 2023.
Year |
Role |
Outcome |
Employed by NYP |
2020 |
7 x Police Constable |
4 x Refer to RPRP 1 x Written Warning 2 x No Action |
4 x Yes 3 x No |
2021 |
6 x Police Constable 1 x Police Sergeant |
3 x Refer to RPRP 1 x Final Written Warning 3 x No Action |
6 x Yes 1 x No |
2022 |
1 x Detective Constable 1 x Detective Sergeant |
2 x Refer to RPRP |
2 x Yes |
2023 |
2 x Police Constable 1 x Detective Constable 1 x Detective Sergeant |
2 x Refer to RPRP 2 x No Action |
4 x Yes |
I am exempting any further information or breakdown of the above data pursuant to Section 40(2) of the act – Personal Information.
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 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.