CCTV at Stradey Park Hotel 800/2023
FOI Reference: 800/2023
Request:
- Can I enquire to the cost of the CCTV camera system outside Stradey Park Hotel
- Can I also ask if it has gone through planning permission?
- Can I also ask how many camera are on this system?
- Can I also ask where is the camera data being held?
- Can I ask if there's been any consolations regarding to the erected CCTV ?
- Can the public request footage under gdpr ?
Response 1:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below. Please note that this data relates to that held at the time of your request being received.
£4,208
(It should be noted that the unit is ‘mobile’ and could be reused for further deployments if required).
Response 2:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
The unit was installed on a temporary basis in partnership with other key partners under the Crime and Disorder Act. This would not be subject to the usual planning processes unless a permanent fixture is considered.
Response 3 & 4:
I can confirm that Dyfed-Powys Police does hold the information requested, however a Section 31(1)(a)(b) Law Enforcement exemption has been applied to the requested information thereby exempting its release.
Section 1 of the Freedom of Information Act 2000 places two duties on public authorities. Unless exemptions apply, the first duty at Section 1(1) (a) is to confirm or deny whether the information specified in a request is held. The second duty at Section 1(1) (b) is to disclose information that has been confirmed as being held.
Where exemptions are relied upon section 17 of FOIA requires that we provide the applicant with a notice which:
- a) States that fact
- b) Specifies the exemption(s) in question and
- c) State (if that would not otherwise be apparent) why the exemption applies
Section 31(1)(a)(b) Law Enforcement:
- Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to prejudice -
- the prevention or detection of crime
- the apprehension or prosecution of offenders
Section 31 is a prejudice based qualified exemption and as such there is a requirement to provide details of the harm as well as the public interest test.
Harm in Disclosure
The Harm Test process requires Dyfed-Powys Police to consider any possible harm that might arise as a result of placing the requested information into the public domain. This process considers the potential harm to:
- Individuals
- The community as a whole
- Dyfed-Powys Police and the wider policing service
- Other bodies
Disclosures made under the Act are published by Dyfed-Powys Police. Should the force release detailed information in relation to specific CCTV systems, this would make it available to those that are seeking to frustrate and obstruct justice in relation to an ongoing situation. This information would assist persons that seek to commit criminal offences or are threatening to do so. This would lead to operational challenges and hinder the ability of the police to prevent and/or detect crime or apprehend or prosecute offenders, contrary to the public interest.
It should also be noted that disclosures under the Act can appear innocuous but when pieced together with other disclosures under the Act, published material and/or information gleaned about police work, can be used in a ‘mosaic’ way to create a picture for those wishing to commit offences.
Public Interest Test
Considerations Favouring Disclosure:
Dyfed-Powys Police is a public authority and is ultimately accountable to the general public. When any request for information is made to the police, it is important that the force is transparent, where possible, in responding to that request for information. Disclosing the number of cameras on the system and where the data is being held would reinforce our commitment to greater openness and transparency with the general public.
Dyfed-Powys Police is granted extraordinary powers in preventing and detecting crime. There is a very clear public interest in providing as much information about the way in which the force dealt with the situation at Stradey Park Hotel. Release of the requested information would accordingly facilitate informed public debate.
Considerations Favouring Non-Disclosure:
Police have a positive obligation under Article 2 of the Human Rights Act to prevent loss of life or serious injury and are also expected to prevent and/or detect crime or apprehend or prosecute offenders. The CCTV plays a pivotal role in assisting the Police with their obligations.
Balance test
When considering whether the release of information is in the public interest, I have to consider whether the public interest is in favour of releasing information into the public domain or whether there is sufficient reason to support withholding the requested information. Having considered your request, I accept that there is a public interest in openness and transparency when any request is made for police information. I also accept that there is a public interest in the release of information about how the Police dealt with the situation at Stradey Park Hotel.
The public interest favouring release must be balanced against any associated risk and/or prejudice that would be caused by disclosure. Having carefully considered this, I have found that CCTV is an important tool available to police in helping prevent loss of life or serious injury and identifying circumstances where there is a risk of harm, damage or disruption at the location. Providing the requested information would hinder the ability of the force to prevent and/or detect crime or apprehend offenders, contrary to the public interest.
Having carefully considered your request, I have found that the public interest remains in ensuring that Dyfed-Powys Police is able to withhold information that would hinder its ability to comply with their positive obligation to prevent loss of life or serious injury in accordance with Article 2 of the Human Rights Act and to prevent and/or detect crime or apprehend offenders. The information requested is therefore refused for this reason.
Response 5:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
Yes, with key partners which is the usual process for such temporary installations.
Response 6:
A data subject can make a request for their data under the UK- General Data Protection Regulation (UK-GDPR) or the Data Protection Act 2018 this includes data contained within CCTV footage. This is known as a Subject Access request. However, footage may not be disclosed if an exemption/s contained within the legislation applies. Each request and piece of CCTV footage would be considered on a case-by-case basis. Further information concerning the subject access process can be found on the Dyfed Powys Police website or the Information Commissioner’s Office (ICO) website:
Data protection | Dyfed-Powys Police
How to make a subject access request | ICO
(This is a response under the Freedom of Information Act 2000 and disclosed on 23/04/2024)