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FOI Reference: 225/2024
Request:
Please provide me with the following email addresses of your force.
Please note, this is NOT a request for police hosted webforms or any links that may redirect me to the police's preferred method of communication. I specifically require the email addresses as stated above.
Responses:
I can confirm that Dyfed-Powys Police does hold the information requested, however, we are withholding some of that information as an exemption applies. Please see the end of the document for an explanation applied exemption.
2. Section 31(1)(a)(b) – Law enforcement applies
Please note: Under Section 16 of the FOI Act (advice and assistance); please see the below hyperlinks which may be of use/help, which relate to how to make a complaint.
Complaints | Dyfed-Powys Police
How to complain about the police | Dyfed-Powys Police
4. It was confirmed to the applicant that they had used the correct email address for the FOI department.
Explanation of the applied exemption – Section 31(1)(a)(b) – Law Enforcement.
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:
Section 31(1)(a)(b) Law Enforcement:
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
Under the Act, we cannot, and do not request the motives of any application for information. We have no doubt that the vast majority of requests made under the Act are legitimate and the applicants do not have any ulterior motives. However, in disclosing information to one applicant, we are expressing a willingness to provide it to anyone in the world. This means that a disclosure to a genuinely interested and concerned person automatically opens it up for a similar disclosure, including those who would use the information to gain an advantage over our ability to exercise our core function which is Law Enforcement.
In considering whether or not this information should be disclosed, consideration has been given to the potential harm that could be caused by disclosure. The disclosure of the specific email address for our Professional Standards Department could significantly affect the departments ability to fulfil its obligations/function which in turn would affect the forces Law enforcement abilities. For example; providing this specific address could lead to spam attacks and individuals/members of the public sending an unmanageable volume of emails/correspondence to this address with queries that are wide ranging and may not even be relevant to work undertaken in the Professional Standards Department. Additionally, the sending of an unmanageable amount of emails/correspondence could negatively affect the systems utilised by the department. This in turn would significantly affect the department in fulfilling its obligations/functions and ultimately the forces law enforcement abilities such as the investigation of police officers where necessary and appropriate.
Public Interest Test:
Considerations favouring disclosure:
To disclose the information would allow better public awareness, openness and transparency.
Considerations favouring non-disclosure:
To provide the information may jeopardise the ability of the department and ultimately the force to fulfil its obligations/function and ultimately the forces law enforcement abilities.
Balance 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 arguments for release, which is better awareness, needs to be weighed against the strongest argument for non-release, which in this case is effective law enforcement.
The Police Service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. Disclosure of information in respect of this request i.e. a specific departmental email address would potentially cause harm to the Dyfed-Powys Police Force by affecting our ability to fulfil our core function of law enforcement. Whilst there is a public interest in this subject there is a very strong public interest the force maintaining its law enforcement capabilities. Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
It should be noted that owing to the systems adopted by Dyfed-Powys Police in relation to the recording of such matters the information provided may or may not be accurate. It should be noted that for these reasons this Force’s response to your questions should not be used for comparison purposes with any other response you may receive.
(This is a response under the Freedom of Information Act 2000 and disclosed on 11/03/24)