Our Ref: 1174.2019-20
Date: 23rd June 2020
Civil Disclosure
Joint Corporate Legal Services
Dear Applicant,
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 1174.2019-20
I write in connection with your request for information which was received by North Yorkshire Police
on 05th February 2020. Please accept our apologies for the delay in providing you with a response. I
note you seek access to the following information:
I am writing to you under the Freedom of Information Act 2000 to request information regarding your
force’s process for collecting and analysing digital evidence from devices belonging to complainants of
sexual offences.
I am asking for the following information:
1. How many times has digital evidence gathered by your force been used in the prosecution of a
rape case in the last 12 months? (please note: if this request is too broad, please provide
information from the last 6 months).
2. Has there been a use of digital evidence in a rape case that has been in favour of the victim in
the last 12 months? (please note: if this request is too broad, please provide information from
the last 6 months).
3. How much has your force spent on equipment intended to extract digital evidence and data to
date? (please note: if this request is too broad, please provide information on the last 12
months).
4. In what year did your force start to use extraction tools to gather digital evidence?
5. Does your force use cloud surveillance when analysing mobile phone and digital
communications data?
Jane Wintermeyer BSc (Hons) Force Solicitor & Head of Legal Services
Police Headquarters | Alverton Court | Crosby Road | Northallerton | North Yorkshire | DL6 1BF
DX No 68810 NORTHALLERTON 2 | Telephone 01609 643542 | Fax 01609 789987
Extent of Searches to Locate Information
Following receipt of your request searches were conducted within North Yorkshire Police to locate
relevant information.
Decision
I am not obliged to provide you with a response to your request pursuant to Section 12(1) of the
Freedom of Information Act 2000 (the Act). Please note that when one part of your request falls under
Section 12, we are not obliged to review the rest of the questions and the whole request is therefore
exempt.
Section 12(1) applies to your request as the cost of complying with your request is above the amount
to which we are legally required to respond i.e. the cost of identifying and retrieving any relevant
information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Appropriate Limit
and Fees) Regulations 2004.
Due to the nature of our recording systems the information requested, if held, is not in an easily
retrievable format.
The information you have requested is not extractable electronically, therefore in order to determine
how many times digital evidence has been used and its impact on case files, it would be necessary to
manually read each rape case over the last 12 months to gain this information. This would exceed the
time limit allowed under the Act.
Pursuant to Section 17(5) of the Freedom of Information Act this letter acts as a Refusal Notice.
Pursuant to Section 16 of the Act I am required to offer you advice and assistance with regarding to
refining your request to within the ‘appropriate limit’ (time/cost limit). As a suggestion for a refinement
we may be able to answer the questions for expenditure on equipment for digital extraction, however
this would only be checked upon receiving your refinement. If you wish to discuss this please do not
hesitate to contact me.
Please note that systems used for recording information are not generic, nor are the procedures used
locally in capturing the data. It should be noted therefore that this force’s response to your questions
should not be used for comparison purposes with any other responses you may receive.
Complaint Rights
Your attention is drawn to the attached sheet which details your right of complaint.
If you have any queries concerning this request, please contact me quoting the reference number
above.
Yours sincerely
Chris Buckton
Legal Officer (Civil Disclosure)
Joint Corporate Legal Services
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the decision is incorrect?
You have the right to request that North Yorkshire Police review their decision.
Prior to lodging a formal complaint you are welcome and encouraged to discuss the decision with the
case officer that dealt with your request.
Ask to have the decision looked at again –
The quickest and easiest way to have the decision looked at again is to telephone the case officer that
is nominated at the end of your decision letter.
That person will be able to discuss the decision, explain any issues and assist with any problems.
Complaint
If you are dissatisfied with the handling procedures or the decision North Yorkshire Police made under
the Freedom of Information Act 2000 (the Act) regarding access to information you can lodge a
complaint with North Yorkshire Police to have the decision reviewed. North Yorkshire Police must be
notified of your intention to complain within 2 months of the date of its response to your Freedom of
Information request. Complaints should be made in writing and addressed to:
Force Solicitor and Head of Legal Services
North Yorkshire Police
Alverton Court
Crosby Road
Northallerton
North Yorkshire
DL6 1BF
In all possible circumstances North Yorkshire Police will aim to respond to your complaint as soon as
practicable but within 20 working days.
The Information Commissioner
After lodging a complaint with North Yorkshire Police if you are still dissatisfied with the decision you
may make application to the Information Commissioner for a decision on whether the request for
information has been dealt with in accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner please visit their website
at https://ico.org.uk Alternatively, phone: 0303 123 1113 or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF