FREEDOM OF INFORMATION ACT 2000 – SECTION 17 NOTICE

WITHHOLDING INFORMATION

Section 21 – Information reasonably accessible by other means – We are not required under the Act to supply information that is already reasonably accessible to you by other means. In this instance, the majority of the information requested has already been provided to you under the terms of the Data Protection Act. Additionally, much of the information held by the CPS pertains to correspondence sent by you.

Section 30 – Information held relating to criminal proceedings which the authority has a power to conduct as a prosecuting authority – this is a qualified exemption which means that the decision to disclose the requested material is subject to a public interest test.

It may assist you to understand the decision if the public interest factors taken into account in this case is explained:

Public interest factors for disclosure

  • To increase public understanding of the CPS decision making process
  • Transparency may increase public confidence in the CPS
  • To allow the public to assess the CPS decision in relation to this case

Public interest factors against disclosure

  • There is a profound public interest in maintaining the confidentiality of communications between the police and the CPS, as well as internal CPS communications.
  • There is a clear need for good decision making, and this needs to be based on the best advice available, and a full consideration of all the options.
  • Officials may feel hindered in the provision of advice if they believe that their communications may be published after the event.
  • Publication of some material may make witnesses in future investigations reluctant to come forward and give evidence in criminal cases if they believe that their information may be disclosed outside the criminal arena.

On balance, I do not consider that it would be in the public interest to disclose this case information into the public domain. The material was provided to the CPS for the purposes of criminal proceedings, not with the expectation that it would be disclosed for purposes other than the criminal process.

As the White Paper on Open Government explained:

“There should be no commitment to disclose information which would help potential lawbreakers and criminals put life, safety or the environment in danger. Investigations of suspected crime must normally be kept secret from the suspect and others. Witness statements, names and addresses of witnesses and reports from the police and others to prosecutors could, if disclosed other than as required by the courts, jeopardise law enforcement or the prevention or prosecution of crime, or be extremely unfair to a temporary suspect against whom (in the event) no real evidence existed. It is in the interests of both the individuals concerned and the integrity of the prosecution process that material relating to both live and completed prosecutions and to prosecutions which do not go ahead can be kept confidential”

Section 40(2) – personal data relating to third parties – the release of personal information relating to other individuals would contravene the data protection principles, namely principle 1 – personal data shall be processed fairly and lawfully and not unless certain specified conditions are met, and 2 – personal data shall be obtained and processed only for specified and lawful purposes and not further processed in a manner incompatible with the purposes.