Non-crime hate incidents 1133/2024

FOI Reference: 1133/2024

Request:

Under the FOI Act, please provide me with the following information related to non-crime hate incidents:

1) The number of NCHIs recorded for the following periods:

November 1 2019 – October 31 2020

November 1 2020 – October 31 2021

November 1 2021 – October 31 2022

November 1 2022 – October 31 2023

November 1 2023 – October 31 2024

2) For the final period (November 1 2023 to October 31 2024), please provide a copy of the log by the force of all non-crime incidents including summary and outcome. Please redact any personal data from the records.

 

Response 1:

I can confirm that Dyfed-Powys Police does hold the information requested, the details of which are as follows:

Please note:  The figures below are hate related incidents that were not classified as a crime at the time of data extraction, however, they could be classified as a crime at a later date.

November 1 2019 – October 31 2020: 192 non-hate crime incidents

November 1 2020 – October 31 2021: 198 non-hate crime incidents

November 1 2021 – October 31 2022: 136 non-hate crime incidents

November 1 2022 – October 31 2023: 100 non-hate crime incidents

November 1 2023 – October 31 2024: 70 non-hate crime incidents

Response 2:

I can confirm that Dyfed-Powys Police does hold the information requested, however Dyfed Powys police is withholding some of that information by virtue of Section 31(1)(a)(b) - Law Enforcement and Section 40(2) – Personal information. (Please see the end of the document for an explanation of the applied exemptions).

Please note: Outcomes are not available as the hate incidents are not classified as crimes.

1	The complainant is reporting that posts have been made on social media saying that certian member and the XXX are monsters, and not to trust them, not to attend their events. Actively recruiting people to attack them. Hate speech & hate crime about them
2	Adult XXX, when visits by police the state of XXX HA is a concern, there a number of unwashed dishes left on the side, dirty tools being left on the kitchen units and power tools being left uncovered and potentially dangerous, mainly speaking a mini chainsaw and hedge cutters. XXX has got a support worker in XXX, this is XXX.
3	An email has been sent to elders of a church which they feel is homophobic in nature.
4	AO has banged on the IP's wall and called XXX a 'nigger'
5	AO is alleged to be holding extreme views against Jews and makes racist remarks
6	ASB issue with XXX whereby caller reports loud music and XXX in their own property referring to caller as a XXX  despite identifying as a  XXX . Caller perceives this as a hate incident.
7	Call from XXX reporting that the DP made comments that XXX was going to kill XXX. Whilst on the phone to XXX, the DP made  a racial comment towards a XXX.
8	Caller has contacted the police and has told the call handler "I HATE BLACK PEOPLE" "I AM RACIST"
9	Caller has heard a group of XXX speaking in, what XXX perceives to be a fake XXX accent in the vicinity of an Asian family
10	Caller has heard racist language being directed at a third party.
11	Caller has reported that XXX XXX has heard XXX XXX call the caller's XXX "TARZAN" and caller believes this is due to the colour of XXX skin.
12	Caller reporting XXX feels XXX XXX has targetted XXX XXX with radio static noise on two occassions whilst they are outside playing. Caller reported issues started when they fell out over a chicken, however states they have used noise to target XXX.
13	Caller states person unknown has used a picture from 'only fans' posted it on tik tok and made comments such as "you'll never be a XXX"
14	Comments made to the caller and XXX staff which XXX believed to be of a racist manner.
15	Complainant witnessed hunting hounds in the area near XXX XXX. There were several vehicles and approximately XXX upon the public roadside nearby, believed to be associated with or followers of the hunt. Complainant challenged the person's regarding their activities, following which one XXX  called XXX an 'Immigrant', which the Complainant perceived was in reference to XXX being a 'townie' and against hunting.
16	During a voluntary interview for XXX, XXX will say that XXX heard the words "black XXX" as XXX closed XXX door.
17	Hate incident
18	Hate Incident - IP reports that during a civil dispute about petrol XXX has told XXX XXX needs to learn better English.
19	HATE occurrence no crime
20	Informant has reported wording placed into the dirt on a container that is believed to have a "hate" element
21	IP feels victim of a hate incident due to being unable to attend the council for a meeting as a result of XXX mobility, and them refusing to attend XXX property due to XXX violence
22	Ip had XXX photo taken in XXX and someone has written Your an ugly XXX across the photo. IP's XXX perceives this as being racist as XXX has XXX. This occurred in XXX. No one in the XXX has taken responsibility for writing across the photo. Occurred in XXX.  XXX officer dealing
23	IP has called complaining about noise levels coming from XXX, XXX, living at XXX. IP has also complained about Transphobic comments XXX has made towards XXX. IP has not been taking XXX medication recently and complained about noise levels whilst officers were in attendance, there was no noise.
24	IP has received a letter in the post which XXX feels is hate related and was sent to XXX as XXX is a XXX.
25	IP has received a text message and been called a name that XXX perceives racist
26	IP has witnessed a XXX  shouting in a car park acting in a strange manner. XXX has heard the same XXX  call a XXX a name that could be construde as hate speech. The recipient is unknown
27	IP is of the belief that the AO filming XXX is related to what XXX perceives to be Hate related harassment.
28	IP reporting that a XXX made comments towards XXX about transitioning gender
29	IP reporting that XXX getting bullied in XXX.
30	IP reports that XXX has been called the N word by another XXX as XXX has been running away from the park.
31	Ip, XXX, had been walking home from XXX, XXX had walked past the XXX at approximately 22:45 hours, there was a group of white naked stood bear the pub. XXX did not know them or if  they were connected to the public house. As XXX walked past, one of the unknown XXX only described as XXX,no other description called XXX, "The n word". XXX can not give any further information and does not wish to pursue a complaint, but wanted it recorded.
32	Known alleged offender has stated derogatory and racial comments about a member of the public which has been overheard by others
33	Not Recorded
34	Preachers had been making comments about gender and sexuality that persons were made to feel alarmed and distressed.
35	Reporting person is walking past local shop when XXX hears a number youths shouting racial slurs, no-one has been harassed alarmed or distressed hy what was being said and youths then walk away
36	RP has  attended at XXX where XXX was handed a leaflet by a XXX  that was outside the premises, that XXX found offensive and hate related to the LGBT community.
37	RP has heard racist language who XXX believes was aimed at a person, however not seen.
38	RP has stated that XXX XXX has made a hate comment towards XXX friend.
39	RP reporting incident that XXX believes are hate related due to XXX and XXX disabilities. Ongoing issues with XXX.
40	RP states subject / XXX XXX has installed a CCTV camera which covers XXX property. RP XXX feels this is due to XXX nationality.
41	Song wad played that IP found to be racist.
42	Suspect has made offensive comments towards the IP
43	Suspect who is XXX called another XXX and IP XXX a "nigger". Suspect is very low ability and gas no comprehension of words used.  IP XXX has called the Police 3 days later. XXX had already reported this to XXX who has attended.  Unfortunately IP's XXX fails to engage with XXX has no update on XXX severe consequences. This is a hate related incident
44	The caller is reporting that XXX feels threatened by a flag on display by XXX XXX however states teh flag is legal.
45	The complainant has been informed of a post on Facebook by the subject stating "SOMETHING NEEDS TO CHANGE AND FAST" with an image of a crying baby with an XXX t-shirt with 4 Muslim persons dressed in white with 1 holding a knife with Big Ben in the background
46	The complainant has been videoed giving a speech at an anti-hatred / anti racism rally in XXX and the video is being spread around online stating that XXX is inciting racial hatred (accusing Jews of being responsible). Persons have been hinting on where XXX lives, referring to XXX as "SEWRAGE SYSTEM" and making references to XXX religion
47	The complainant has watched a video on X that shows the subject, an individual speaking and the complainants view the individual is spreading an anti-semitic conspiracy theory and is dangerous incitement
48	The complainant is reporting that the XXX have put on their Whatsapp group for XXX, racist remarks and insults about XXX
49	The complainant was chatting online to people on an app Bigo Live and a  XXX  said "TELL THE POLICE WHAT YOU SAID YOU WANTED TO DO TO ME" and persons on the chat have sworn at XXX and called XXX a "RETARD" due to XXX telling them XXX had problems
50	The IP has perceived that a comment has been directed at XXX because of XXX race. The comment is simply informing members that they do not have to attend a conference but it could help them gain experience knowledge and contacts.
51	The subject is struggling with XXX mental health since giving up XXX medication and would like support from social services to help XXX manage XXX mental health.
52	The victim was at the location when the suspect has made a Hitler salute at XXX 3 times and also called the victim a "NAZZI"
53	The XXX has been receiving numerous reports on their online communications inbox from unverified emails, Tel no's and names reporting paedophilia, drug supply, benefit claiming with the content of the messages being rude, abusive and racist
54	Third party report where its alleged the suspect has called an unknown  XXX  a nigger.
55	Unknown person has posted a hate related comment on a tiktok video
56	Whilst officers were dealing with a separate incident the IP has stated that the AO has told XXX words to the effect of "Go home" which the IP believes this is of racial nature as XXX is from XXX.
57	Whilst on line the RP has come accross 2 posts which XXX finds offensive.
58	XXX and XXX are XXX, XXX. XXX have previously submitted XXX around their inappropriate behaviour.  They make antisemitic comments in XXX and have made comments about XXX and XXX.  XXX
59	XXX has been called a N***ER by another XXX
60	XXX has been called derogatory names relating to XXX race.
61	XXX has been seen in public wearing a coat which displays "THE NAZI EAGLE HOLDING A SWASTIKA".
62	XXX has reported that XXX has contacted XXX who have hanged up on XXX and XXX perceived this as a hate incident. XXX confirmed nothing of a hate related incident/crime was said but has contacted police via 999.  THIS OCCURRENCE HAS BEEN CREATED TO RAISE A XXX
63	XXX has shouted at a Trangender  XXX  'by the way your a XXX'
64	XXX is being targeted by youths for XXX disability and stammer
	6 x ongoing non-crime hate incidents exempted under Section 40(2) and Section 31(1)(a)(b)

 

Explanation of the applied exemptions:

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

I can confirm that Dyfed-Powys Police does hold the information requested; however we are withholding part of that information by virtue of the following exemptions:

Section 31(1)(a)(b) – Law Enforcement

Section 40(2) – Personal Information

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. Section 40(2) is a class-based absolute exemption and there is no requirement to consider the public interest in disclosure. That being said, where Section 40(2) is engaged in order to make the exemption absolute there needs to be evidence that a data protection principle would be breached by disclosure. In this case, it would not be fair to process information which could lead to the identification of an individual. Therefore, the first principle of the Data Protection Act would be breached.

Section 31 - Evidence of Harm

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 police service is charged with enforcing the law, preventing and detecting crime and protecting the communities we serve. Disclosure of details relating to ongoing incidents and specific information contained within the MO. of an incident(s) would be invaluable to those with criminal intent, as this would allow offenders to be in a position to determine whether or not Dyfed-Powys Police are aware of their offending and allow them the opportunity to use this knowledge to their own advantage in furthering criminal activity around the force. If those with criminal intent were to use the information to their own advantage it would significantly impact on the core law enforcement function which is the prevention and detection of crime as well as significantly increasing the risk of harm to individuals. 

Public Interest Test:

Section 31 - Considerations favouring disclosure:

Factors favouring the disclosure of this information would include better awareness, which may reduce crime or lead to more information from the public.

Section 31 - Considerations favouring non-disclosure:

Factors favouring non-disclosure would be that it would compromise law enforcement tactics and more crime could be committed. Also, the public have a high expectation that any information/intelligence provided to the police will be treated with confidence and anything that places that confidence at risk would undermine the trust that individuals have in the Police. In turn, this could potentially affect Dyfed-Powys Police’s ability to prevent and detect crime, which would have an adverse effect on the safety of the communities it serves.

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 which may reduce crime or lead to more information from the public, needs to be weighed against the strongest argument for non-release, which in this case is effective law enforcement. The Police Service is tasked with the prevention and detection of crime and protecting the public.  Whilst there is a public interest in better awareness, there is very strong public interest in safeguarding the protection of the public and maintaining effective law enforcement.

Therefore, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Section 40(2) – Personal Information

Section 40(2) applies to third party personal data and is exempt from disclosure under the Freedom of Information Act 2000 if disclosure, in relation to data subject to law enforcement processing, would breach any of the data protection principles contained within Part 3 - Chapter 2 of the Data Protection Act 2018.

Under Section 34 within Chapter 2 “The Controller in relation to personal data is responsible for and must be able to demonstrate, compliance with” Chapter 2. Such information would not be released under the Freedom of Information Act 2000 unless there is a strong public interest. One of the main differences between the Freedom of Information Act 2000 and the Data Protection Act 2018 is that any information released under FOI is released into the public domain, not just the individuals requesting the information and disclosure under the Act must be made with that in mind. As such, any release that identifies any individuals through releasing their personal data, even third party personal data is exempt.

Personal data is defined under Section 3 of the Data Protection Act 2018 as:

“(2) ‘Personal data’ means any information relating to an identified or identifiable living individuals (subject to subsection (14)(c)).

(3) ‘Identifiable living individuals’ means a living individuals who can be identified, directly or indirectly, in particular by reference to—

(a) An identifier such as a name, an identification number, location data or an online identifier, or

(b) One or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individuals.”

All members of the public including those employed by the force have an intrinsic right to privacy and these rights are protected by virtue of the Human Rights Act, the Data Protection Act 2018 and the UK General Data Protection Regulation (UK-GDPR) and a public authority must not interfere with that right. Any release of the information subject to the exemption is likely to compromise those rights.

Data Protection Act 2018

Part 3 – Law Enforcement – Chapter 2 Principles Section 35

The first data protection principle:

“(1) The first data protection principle is that the processing of personal data for any of the law enforcement purposes must be lawful and fair.”

UK - General Data Protection Regulation

Article 5 of the UK-GDPR – ‘Principles relating to processing of personal data’ provides:

“1. ‘Personal data’ shall be

(a) Processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency);

(b) Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest…

2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).”

Dyfed-Powys Police would not want to disclose any information that could potentially identify any individuals. In this particular case, to release the information contained within the MO. of an incident could lead to the identification of individual(s). To release such information would be a direct breach of Data Protection legislation and as a consequence I am satisfied that Section 40(2) Personal Information exemption is applicable to the release of the information. The Section 40 exemption is in part qualified and in part absolute, in the present case it would be absolute as to release the information would breach Data Protection legislation and therefore there is no requirement to carry out a public interest test.                                 

                                                                       

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 23/12/24)

Os oes angen y wybodaeth yma arnoch yn Gymraeg, cysylltwch â: [email protected] If you require this information in Welsh, please contact: [email protected]