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Avon and Somerset Police and Crime Commissioner’s Office
Avon & Somerset Police & Crime Commissioner, Valley Road, Portishead,
Bristol BS20 8JJ
Tel: 01278 646188
[6]www.avonandsomerset-pcc.gov.uk

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Our ref: FOI 953    

12 January 2023

Dear Mr Williams

RE: FREEDOM OF INFORMATION REQUEST

Having completed my search for the information that you requested on 19^th
December 2022, I can confirm that this is not held by the Office of Avon
and Somerset Police and Crime Commissioner, which is a separate
organisation to Avon and Somerset Police.

With the aim of assisting you, I referred your request to Avon and
Somerset Police Freedom of Information Department on 20^th December 2022
so they should respond to you on or before 20^th January 2023.  If you do
not get a direct reply from the Police and wish to follow up your request
then you can write to:

Freedom of Information Team

Corporate Information Management

Avon and Somerset Constabulary HQ

PO Box 37

Valley Road

Portishead

Bristol

BS20 8QJ

Or contact the team on-line at:

[1]https://www.avonandsomerset.police.uk/ab...

May I also suggest that you review the Police publication scheme on-line
at:

[2]https://www.avonandsomerset.police.uk/ab...

If you have any queries about my reply and actions then please contact me
again, quoting the reference number above in any future communications. 
If you are unhappy about how I have dealt with your request and wish to
make a complaint or request a review of my decision then you can write to:

The Chief Executive

Avon and Somerset Police and Crime Commissioner’s Office

Valley Road

Portishead

Bristol

BS20 8JJ

Thank you for your interest in Avon and Somerset Police.

Yours sincerely,

Freedom of Information Officer

Avon and Somerset Police and Crime Commissioner’s Office

Valley Road, Portishead, Bristol BS20 8JJ

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Legal Services Directorate

Force Headquarters,

PO Box 37, Valley Road,

Portishead,

Bristol,

BS20 8QJ

Email [email address]    

Edward Williams Our 1428/22
Reference
[1][FOI #929837 email] Date 20
January
2023

Dear Edward Williams

I write in connection with your request for information dated 19 December
2022 – received by Avon and Somerset Police on 20 December 2022 – under
the Freedom of Information Act.

Specifically you asked:

 1. Please provide the date the ICO decided that the investigation
regarding a dog bite to Jessica Mae Andrew at a rave was suitable for
local investigation.

"An Avon and Somerset police spokesperson said: “We referred a dog bite
incident involving a member of the public that occurred in Yate on Sunday
1 November to the Independent Office for Police Conduct (IOPC).

“The IOPC adjudged the matter was suitable to be investigated locally by
Avon and Somerset police. That process is ongoing and will include
reviewing body-worn footage. Our final report will be provided to the
IOPC.”

 2. Please provide the report to the IOPC without any personal data.

Our Response

 1. 22 January 2021
 2. I refer you to our answer to this same question as provided in
response to your previous FOI requests, reference 1202-21, 175-22 –
which was upheld upon receipt of a request to undertake an internal
review – and 1244-22.  The response has been copied once again below,
however if you are still dissatisfied with your Freedom of Information
response, you have the right to direct your comments to the
[2]Information Commissioner’s Office who will give it due
consideration. There is a section titled ‘[3]Make a complaint’. 

As mentioned previously in FOI ref 1202, the Constabulary made a referral
to the IOPC concerning this incident. The IOPC determined as suitable for
local investigation. Therefore there is no IOPC report.

With regards to the internal reports you have requested, I have
interpreted this to be the local investigation that was conducted, which
is the “Professional standards investigation report.”

The information also contained operational detail, hence consideration was
given to the public interest test. In addition, due consideration given to
if there were legitimate interests, and if our obligations under data
protection could be overcome. It was determined that the information in
its entirety should be exempt from disclosure, which I will explain below.

The investigation report concerns identifiable individuals, and as such
the information is exempt under section 40(2) of the FOIA, which relates
to personal data.

Information is classed as personal data, as prescribed by the General Data
Protection Regulation (GDPR), where it relates to an identifiable living
individual.

Information will relate to a person if it is about them, linked to them,
has biographical significance for them, is used to inform decisions
affecting them or has them as its main focus.

Section 40(2) applies to personal data about someone other than the
requester when disclosure would breach any of the data protection
principles contained in Article 5 of the GDPR. The relevant principle in
this case requires personal data to be processed lawfully, fairly and in a
transparent manner.

To be considered lawful, processing must be supported by at least one of
the lawful bases contained in Article 6 of the GDPR.

Some of the personal information includes ‘special category data’ as
defined under Article 9 of the GDPR. Such data is by its very nature more
sensitive and subject to additional processing conditions to safeguard the
data and avoid heightened levels of intrusion into an individual’s private
life. In particular, in addition to meeting a lawful basis under Article 6
of the GDPR, it must also meet an Article 9 condition. In our view none of
the conditions under articles 6 or 9 of the GDPR would support disclosure
of this personal data and any legitimate interest in disclosure at this
time could not justify the invasion of privacy and potential distress that
would be likely to result.

With regards to the fairness aspect of disclosing personal information
under the FOIA, it is necessary to recognise that such action is
effectively an unlimited disclosure to the world at large without
conditions. This could lead to unwarranted intrusion into the privacy of
those individuals who can be identified from this material, potentially
resulting in damage or distress. It is significant that there is no
presumption under the GDPR that openness and transparency should take
priority over personal privacy.

As disclosure would be neither fair nor lawful, we have concluded that
compliance with your request would breach the data protection principles.
This means that the exemption at section 40(2) of the FOIA is engaged.

In accordance with the Act, this letter represents a partial Refusal
Notice for this particular request.

Yours sincerely

James Small

Information and Disclosure Manager - Freedom of Information

Legal Services Directorate.  |  Avon and Somerset Police

[4]www.avonandsomerset.police.uk  |  Follow us on [5]Twitter and
[6]Facebook

Please note:

1.     Requests and responses may be published on the Avon and Somerset
Police website, some of which may contain a link to additional information
which may provide you with further clarification.

2.     Avon and Somerset Police provides you with the right to request a
re-examination of your case under its review procedure (copy attached).

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