FOI Drink Spiking (0016.2022-23)
Request
1) How many incidents of drink-spiking were recorded by your force in 2021?
Please search for this data by means of keyword searches of MO codes, using the terms 'spike', 'spiking', 'drink-spike', 'drink spiked', 'spiked drink', while checking to make sure that they don't refer to some other context (e.g. 'a spiked fence' or 'spiked hair').
2) Please tell me separately how many cases of so-called 'injection/needle spiking' were recorded in 2021. That is, reported incidents in which a perpetrator spiked someone by means of an injection, instead of using a pill.
Please search for this data using keyword searches of MO codes, focusing on the terms 'injection' and 'needle', while checking to make sure they do not refer to needles/injections in an unrelated context.
3a) Can you please provide a summary of the first five incidents of drink-spiking in 2021, giving the content of the free-text fields/MO codes in full, while redacting any identifying information?
3b) Can you please provide a summary of the first five incidents of injection/needle-spiking in 2021, giving the content of the free-text fields/MO codes in full, while redacting any identifying information?
Response
1) A key word search was undertaken on the words and phrases provide and the number of incidents where the above was mentioned was 99 for 2021.
2) A key word search was undertaken on the words and phrases provide and the number of incidents involving as needle where the above was mentioned was 20 for 2021.
3 & 4) I am exempting providing you with any MO summary of the requested incidents pursuant to Section 40(2) Freedom of Information Act (the Act). This is to ensure anonymity for those involved in each case as this may be identifiable information. – Please see exemption explanation below.
Exemption Explanation
Section 40(2)
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.