Crimes involving Airbnb & TikTok 272/2024
FOI Reference: 272/2024
Request:
- In the 2023 calendar year how many crimes were logged by your force where Airbnb was recorded as being an element in the offence?
[Note: I would hope that this could be achieved by a computer search on the MO/Investigation Summary Field of crimes for the word/s ‘airbnb’, ‘air bnb’, ‘air-bnb’ and ‘air bandb’.]
- Please provide me with a table showing a breakdown of the crimes from Question 1 that are ‘linked’ to Airbnb by its mention in the MO/Investigation Summary Field.
- Please provide me with copies of the first 10 MOs/Investigation Summary Field that mention Airbnb.
[Note: To avoid falling into an exemption I am content for the names, ages, geography or any other detail to be redacted to allow for the disclosure of the incident and how it relates to Airbnb.]
- Could you please go through the same process in answering Question 1, 2 and 3 but instead of Airbnb please carry out the process in relation to the website TikTok?
Response
I can confirm that Dyfed-Powys Police does hold the information requested; however we are exempting part of that information as we believe that the following exemption is relevant:
Section 30(1)(a) Investigations and Proceedings conducted by Public Authorities
Section 30(1)(a) is a class-based qualified exemption. This means that the legislators when writing the legislation considered that the release of such information under the Freedom of Information Act 2000 would cause harm to the public authority or individual concerned. There is therefore no requirement to carry out a HARM Test in respect of such information. However, there is a requirement to carry out a Public Interest Test in order to establish whether the public interest in maintaining the exemption may be outweighed by a wider public benefit in disclosure.
Section 30(1)(a) Investigations and Proceedings conducted by Public Authorities:
(1) Information held by a public authority is exempt information if it has at any time been held by the authority for the purposes of -
(a) Any investigation which the public authority has a duty to conduct with a view to it being ascertained (i) whether a person should be charged with an offence, or (ii) whether a person charged with an offence is guilty of it.
Public Interest Test
Considerations favouring disclosure:
Disclosure of the information would improve the public’s knowledge and awareness and would provide satisfaction to the public that these cases are investigated thoroughly, and offenders are being dealt with accordingly.
Considerations favouring non-disclosure:
This exemption covers information held at any time for the purpose of an investigation, whether the case is ongoing, closed or abandoned. To release specific details of an ongoing investigation, as in this case, could undermine and prejudice those investigations. This would impact on the forces’ future law enforcement capabilities by hindering the prevention or detection of crime.
Balancing Test
After considering the advantages and disadvantages in disclosure, it falls upon Dyfed-Powys Police to conduct a balance test on the issues. The strongest argument for disclosure, which is public awareness, needs to be weighed against the strongest arguments for non-disclosure, which in this case is that the release would undermine and prejudice ongoing investigations, which would impact on the forces’ future law enforcement capabilities by hindering the prevention or detection of crime.
Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
Response 1:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
2 crimes where Airbnb was recorded as being an element in the offence.
Response 2:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
|
Crime Category |
Volume |
|
Malicious Communications |
1 |
|
Section 30 exemption applied |
1 |
|
Total |
2 |
Response 3:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
|
Summary |
|
|
1 |
Suspect has sent threatening messages to the victim, in relation to their AirBnb property. |
|
2 |
Section 30 exemption applied |
Response 4:
I can confirm that Dyfed-Powys Police does hold the information requested, as outlined below.
i) 20 crimes where TikTok was recorded as being an element in the offence.
ii)
|
Crime Category |
Volume |
|
Harassment |
8 |
|
Malicious Communications |
5 |
|
Sexual Offence |
3 |
|
Blackmail |
1 |
|
Breach of Non-Molestation order |
1 |
|
Obscene Material Possession |
1 |
|
Obscene Publications |
1 |
|
Total |
20 |
iii)
|
Number |
Summary |
|
1 |
IP has been receiving Snapchat messages saying “KYS” (Kill yourself) among other unpleasant messages and images. One image shows IP's head edited onto a penis, together with other images and videos which have been edited and uploaded to TikTok. |
|
2 |
IP has contacted police to inform them that their child has sent indecent/explicit images to an unknown person over the app 'Likee', following being banned from TikTok. |
|
3 |
Unknown suspect has shared a picture of the IP on TikTok with offensive hate related captions |
|
4 |
IP reports being called a `Slag' on TikTok, which has occurred on 2 occasions. |
|
5 |
IP has reported being harassed by their ex boyfriends mother, putting a TikTok video up of IP's younger sibling and feeling threatened through phone calls between the two. |
|
6 |
The IP has had a series of fallings out in relation to other pupils at school and on this occasion a post has been made on TikTok which has caused the IP to collapse and require medical intervention |
|
7 |
IP stated that their child has received a number of unwanted messages and videos over TikTok calling her names. |
|
8 |
Section 30 exemption applied |
|
9 |
IP has received messages on Facebook and TikTok from an ex-partner who has a non-molestation order against. |
|
10 |
Section 30 exemption applied |
It should be noted that as a result of the systems adopted by Dyfed-Powys Police in relation to the recording of such information that the information released may or may not be accurate.
(This is a response under the Freedom of Information Act 2000 and disclosed on 23/04/2024)