FOI 1232-2024/25 Business Interests

Request
This is a request about officers and staff who have second jobs or business interests outside of the police. 

Q1. How many serving police officers and staff members have registered second jobs or business interests outside their job at the force? If possible, the data should be broken down individually with the officer’s rank and the specific nature of the job / business interest.

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.  

Decision
I have today decided to disclose the following information to you.

Q1. North Yorkshire Police currently have 647 business interest cases registered.

Q2. Please see the tables below which details the ranks of those officers who have registered a business interest with the force and the specific nature of the business interest. I have disassociated the tables pursuant to Section 40(2) of the Freedom of Information Act 2000 (the Act) to protect the anonymity of individuals. Please see the below exemption explanation.

*Specific rank exempt from disclosure pursuant to Section 40(2) of the Act to protect the anonymity of individuals.

 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 40 – Personal Information
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.