Retired fleet vehicles

Response

Please see attached spreadsheet which provides data for fleet vehicles that are no longer used.

 

This spreadsheet provides details of the vehicle make and model, when it was removed from use and when it was registered.

 

In relation to the Registration plate or VIN, I am not obliged to provide this information. This information will be exempt by the following exemptions:

 

Section 40(2) – personal information

Section 38(1)(a)(b) – Health and Safety

 

Additionally, all information relating to any covert vehicles and the roles of any specialist vehicles (along with their models) used by the constabulary has been considered exempt from disclosure under the following exemption:

 

Section 31(1)(a)(b) – Law Enforcement.

 

These exemptions have been explained in more detail below.

 

Section 40

 

We are not obliged to provide details of the registration plates requested as this would identify personal information of the new owner of the vehicle, due the VIN number and V5C log book. The exemption applicable to this is;

 

• Section 40(2), third party personal information.

 

This is an Absolute exemption so therefore there is no requirement to conduct a harm or public interest test. Any information is exempt from disclosure under the Freedom of Information Act if it relates to or is supplied by another individual and disclosure of that information would contravene any of the data protection principles set out in:

 

(a) Article 5(1) of the GDPR, and

(b) Section 34(1) of the Data Protection Act 2018;

 

A Freedom of Information Disclosure is a disclosure to the world. Therefore, information that is provided can be viewed by any member of the public. To provide the information together as you have requested may have severe consequences. For example, an individual may be identified by another member of the public. Alternatively, an individual could identify themselves and be aware that their personal data has been used unlawfully.

 

Should the information be provided in a format in which a living individual could be identified this would constitute personal data. This would then become a breach of rights provided under the Data Protection Act 2018. Information held on an individual by Avon and Somerset Constabulary is done so lawfully and is used for a policing purpose in line with the principles set out in the GDPR. Our privacy policy can be viewed here.

 

This serves as a partial refusal notice under section 17(1) of the FOI Act.

 

Section 38 Health and safety

 

With reference to the vehicle registration number (VRN) and vehicle identification number (VIN), this information is exempt from disclosure under Section 38(1)(a)(b) relating to Health and Safety.

 

Section 38 is a prejudice based qualified exemption, therefore there is a requirement to articulate the harm in disclosure and to consider the public interest. Please see this below:

 

Evidence of harm

The information requested relates to Registrations number plates (VRN) and Vehicle information numbers (VINs) of retired police vehicles. If the retired car goes to a new owner who is a member of the public, their new car could possibly be targeted on the assumption that it is still a police vehicle, causing them to be vulnerable and endanger their safety and mental health.

 

Public Interest Considerations

 

Factors favouring disclosure (Section 38)

Disclosure of the requested information may go some way to promote trust in the police service demonstrating that the Constabulary is open and transparent in the retirement of their vehicles and how these are disposed of.

 

Factors favouring non-disclosure (Sections 38)

Release of the information without appropriate safeguards being considered is likely to expose individuals to be targeted by unsavoury individuals and thus risk harm to their mental well-being. The Constabulary takes their responsibility to protect both the physical and mental health and safety of the communities we serve seriously and any information that could jeopardise this will not be released. The public would lose confidence in our commitment to protecting the wellbeing of our community.

 

Balancing test

 

After weighing up the competing interests, I have determined that the disclosure of the above information would not be in the public interest. I believe the importance of the factors favouring non-disclosure outweigh those considerations favouring disclosure. At this time the potential harm outweighs any public benefit. There is no further tangible community benefit in complying with section 1(1) (b) of the Act at this time.

 

This serves as a refusal notice under section 17(1) of the FOI Act.

 

Section 31 Law Enforcement

Any information relating to any covert vehicles used by the constabulary has been considered exempt from disclosure. In addition, some vehicle roles have been redacted. The exemption applicable to this is;

 

• Section 31(1)(a)(b) – Law Enforcement.

 

Section 31 is a qualified and prejudice-based exemption which means there is a requirement to identify and evidence the harm that would be caused by disclosure and consideration given to the public interest which is below.

 

Evidence of Harm

There are concerns associated with the release of any information that would identify the purpose of any covert or specialist vehicles as law enforcement could be adversely affected. The release of this information in relation to police vehicles and policing activities would equip individuals involved in criminal activity with an indication of our capabilities. This information, together with other information already in the public domain would assist those involved in criminal behaviour in identifying the vehicles that are used for specific purposes or covert operations. This would render them useless, hinder the prevention and detection of crime and could compromise ongoing and future enquiries.

 

Public interest considerations

Factors favouring disclosure (Section 31)

 

Disclosure may add value to the accuracy of public debate with regards to resources allocated for the prevention and detection of crime.

 

Factors favouring non-disclosure (Sections 31)

 

The Police Service has a duty to deliver effective law enforcement ensuring that the prevention and detection of crime, apprehension or prosecution of offenders and administration of justice is carried out appropriately.

 

Disclosing information that would allow the identification of vehicles within a specific unit could compromise the vehicle’s operational purpose and allow these to be targeted. Disclosure may reveal what resources are available for a given role and this information could enable police strength to be determined and circumvented by those intent on committing crime. The release of this information could therefore provide a tactical advantage to offenders which would negatively impact on public safety and undermine the policing purpose.

 

Disclosing the details of covert or specialist vehicles would provide sufficient information to those involved in criminal activity of the capabilities available to the force when carrying out covert or specialist activities in certain areas. This could result in them taking steps to evade detection and to destroy evidence if they believe that their movements are being monitored. This could also lead to vehicles and officers being identified which would render their capabilities useless.

 

Balance Test

The ability to deliver effective law enforcement is of paramount importance. Whilst the value of transparency is recognised, there is no further tangible benefit to identifying covert vehicles. This may be interesting to some individuals however this is as you will appreciate, different to being in the public’s interest to know. To disclose this information concerning these Police vehicles would have an adverse effect on our ability to prevent and detect crime. Therefore, on balance the factors favouring non-disclosure outweigh those favouring.

 

This serves as a partial refusal notice under section 17(1) of the FOI Act for any further information relating to your request.