FOI 0231-2025/26 ANPR Compliance

Request
Q1. Please disclose the most recent self-assessment report (or equivalent internal compliance evaluation) completed by North Yorkshire Police under the Surveillance Camera Code of Practice with specific reference to the use of Automatic Number Plate Recognition (ANPR).

I request:

⦁ A copy of the full self-assessment report; or

⦁ If full disclosure is refused, a summary version or redacted copy, including any version intended for senior oversight, the Office of the Police and Crime Commissioner, or internal governance bodies.

Extent and Result of Searches to Locate Information and decision
To locate the information relevant to your request searches were conducted within North Yorkshire Police.

Decision
I have decided to exempt the requested information pursuant to Section 31(a) Law Enforcement and Section 40(2) Personal Information of the Freedom of Information Act 2000. Please see exemption explanation below.

Exemption Explanation

Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.

Section 31 – 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.

Evidence of Harm
Disclosure under the Freedom of Information Act is a release to the public at large. The information requested contains operational and strategic information as well as system and operator information in relation to the use of ANPR. Releasing this information would provide those persons intent on committing crime the capacity, tactical abilities and capabilities of the force. This would compromise law enforcement and would be to the detriment of providing an efficient policing service and a failure in providing a duty of care to all members of the public. Modern-day policing is intelligence led and this is particularly pertinent with regard to law enforcement. The public expect police forces to use all powers and tactics available to them to prevent and detect crime or disorder and maintain public safety.

Public Interest Test

Section 31 – Reasons for Disclosure
Disclosure of the requested information would provide reassurance to the public that North Yorkshire Police’s surveillance powers are used proportionately and lawfully. 

Section 31 - Reasons against Disclosure
North Yorkshire Police has a duty of care to the community at large and public safety is of paramount importance. Disclosure would undermine the effective delivery of operational law enforcement. It has been recorded that FOIA releases are monitored by criminals and terrorists and so to release the information would lead to law enforcement being undermined.

Balancing Test
The security of the country is of paramount importance and North Yorkshire Police will not divulge information if to do so would place the safety of an individual at risk, undermine or compromise law enforcement. As much as there is public interest in knowing that policing activity is appropriate and balanced, this will only be overridden in exceptional circumstances.

Having considered the public interest factors I am required to determine whether on balance the factors favouring disclosure outweigh those which are against disclosure. It is my view that the factors favouring disclosure do not outweigh those which favour non-disclosure of the requested information. I would therefore inform you that North Yorkshire Police declines to release the information.

Section 40 – Personal Information
The requested self-assessment includes personal data of officers which is exempt under Section 40 of the Act.

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.

Section 40(2) 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; in that processing of personal data must be lawful and fair (DPA 2018 35(1), EUGDPR Article 5(1)).

This exemption applies because the right given under the FOI 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 & EU General Data Protection Regulations, 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.

Pursuant to Section 17(1) of the Act this letter acts as a refusal notice under the Freedom of Information Act 2000 in relation to 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.