Jimmy Savile enquiries (698.2018-19)
Please can you provide me with a copy of the report by Assistant Chief Constable Sue Cross to the Independent Police Complaints Commission in May 2013 concerning Jimmy Savile and Peter Jaconelli, which was written in response to a request from the IPCC dated on or about the 15th of May 2013.
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.
I have today decided to disclose some of the located information to you.
Please see attached document.
Some of the information within the document, including the appendices, have been redacted pursuant to the following exemptions under the Freedom of Information Act 2000:
Section 40(2)(b) – Personal Information
Section 40 is an absolute class based exemption, which does not require a public interest test, but requires the balancing of the legitimate interests of the public against the interests of the individual under the first Data Protection Principle (that of ‘fairness’.)
Section 44(1)(a) – Prohibitions on disclosure
Section 44 is an absolute class based exemption, which does not require a public interest test.
Section 30(2)(a) – Investigations and Proceedings Conducted by Public Authorities
Section 30 is a qualified, class-based exemption, which requires that I conduct a public interest test to balance the legitimate interests of the public in knowing the information against the interests of non-disclosure.
Section 31(2)(a)(b) – Law Enforcement
Section 31 is a qualified, prejudice-based exemption, which requires that I conduct a public interest test and evidence the harm in releasing such information.
Explanation of Exemptions
I am required by law to identify the relevant parts (the exemptions) of the Freedom of Information Act 2000 (the Act) that I have considered when reaching this decision, and I must also explain why these exemptions apply.
Section 40 – Personal Information
The specific information you have requested is exempt by virtue of Section 40(2) of the Freedom of Information Act 2000 (the Act) because I consider it to be personal information to the people concerned. Information disclosed under the Act is considered released to the world and responses are published on our website.
Where an individual can be identified by such data, releasing it would clearly breach the first data protection principle of being ‘fair’ to the data subject.
This exemption applies because the right given under the Act to request official information held by public authorities does not apply to the personal data of third parties where disclosure of that information would not be fair to the individual, and where there is no legitimate public interest in disclosure.
In all the circumstances of the case it has been determined that the duty to the individual under the Data Protection Act 2018 / General Data Protection Regulation, and the public interest in maintaining the exemption from disclosure of personal information held by the force in such instances, outweighs the public interest in disclosure. In this instance, personal information can only be disclosed to the individual concerned.
Releasing personal details to a person other than the data subject would not only breach the data subject’s Data Protection rights it may also breach the obligations placed on an authority under the European Convention on Human Rights.
Section 44 – Prohibitions on disclosure
Releasing some of the information requested could lead to identification of victims. The Sexual Offences Act 1992 extends the anonymity that was once given only to victims of rape, to victims of most other sexual offences. Schedule 2 (as amended by Schedule 6 of the Sexual Offences Act 2003) provides a list of offences, the victims of which are guaranteed anonymity under the provision of Section 1.
Section 31 – Law Enforcement
Evidence of Harm for Section 31
The Police Service are charged with enforcing the law, preventing and detecting crime and protecting the communities we serve and in order to do so the Force is dependent on intelligence, which allows a problem solving approach to law enforcement and crime prevention techniques.
The information you have requested relates to a high profile subject, and to provide all the information requested would reveal police ‘intelligence’ about victims, who gave information to the police. This then has the risk of undermining the flow of information received from members of the public into the Police Service. Safeguarding the victims of sexual offences must not be compromised through the release of information.
In order to ensure North Yorkshire Police delivers effective law enforcement, we liaise with various other national agencies to provide suitable support. It is important that these police investigations are not compromised.
Section 30 – Investigations and Proceedings Conducted by Public Authorities & Section 31 – Law Enforcement
Combined Public Interest Test
Reasons for Disclosure
There is a public interest in the transparency of policing operations and understanding that investigations have been properly carried out, particularly in higher profile cases. Publishing this information would allow the public to make more informed decisions around this. Furthermore, the investigation in relation to the IOPC (previously IPCC) report has concluded.
Reasons against Disclosure
Members of the public who disclose intelligence to the Force rightly expect a degree of confidentiality. Releasing information that has been provided to North Yorkshire Police in confidence would undermine this expectation and deter others from providing information to the Force in the future. Additionally, individuals could be placed at harm if sensitive information was placed into the public domain.
The Police Service has a duty to conduct investigations and institute criminal proceedings in a fair and professional manner. Whilst there is a public interest in the transparency of policing operations and providing assurance that the Police have and are appropriately and effectively investigating crimes, there is a very strong public interest in safeguarding the integrity of such investigations and operations.
Such curiosity as there may be in a report relating to the crimes of Jimmy Savile and Peter Jaconelli, releasing details that would compromise the confidence of victims and informants is not in the public interest.
It is for these reasons that I have concluded that, at this time and in respect of some of the information requested, the Public Interest favours part disclosure only.
Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to part of your request.
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.[application/pdf] Last modified: November 9, 2018