FOI Request 2092

Firstly, I can confirm that Cheshire Fire and Rescue Service do hold information regarding the investigations in question. However, for reasons detailed below we are unable to provide it to you at this time.

Part 1 - Names of all those involved in this case

We are unable to release the requested information to you. It is being withheld under Section 40(2) of the Freedom of Information Act (FOIA).  This is because your request relates to an identifiable individual and, therefore, seeks information that is considered personal data under the UK General Data Protection Regulation (UK GDPR). Such information is exempt from disclosure under Section 40(2) of the FOIA, on the basis that disclosure would contravene the Data Protection principles (as described under FOIA section 40(3A)(a)). This part of the Section 40 exemption is absolute, and we are not required to consider any Public Interest arguments for and against disclosure. 

Article 5(1)(a) of the UK GDPR requires that personal information is processed lawfully, fairly and in a transparent manner; processing includes disclosure. Fairness means personal data should only be handled in ways that people would reasonably expect and not used in ways that may adversely affect them. Personnel involved with this case including witnesses would reasonably expect that their personal data would not be put into the public domain.

Part 2 - A justification as to why they have been given the information that they have. We are unable to release the requested information to you and are therefore applying the following exemption to this part of your request Section 31 (1) (g).

Therefore, to disclose any information that forms part of this process could prejudice any free and frank conversations that need to take place which in turn could prejudice the outcome.

The exemption that I have applied to Part 2 of your request is a Qualified exemption and therefore I am required under the FOIA to complete a Public Interest Test. This involves balancing factors for disclosing against factors for not disclosing the information. 

Factors for disclosing.

There is a public interest in openness and transparency in relation to the decision-making process of Cheshire Fire and Rescue Service. 

Factors for not disclosing   

Allowing witnesses internal safe space and allow advisors to give free and frank advice. 

Preventing premature disclosure.

Allowing proper running of the organisations established processes.  

The names held at present may or may not be the final list of those relied upon should this proceed to a hearing.

Should these investigations proceed, you will be given full disclosure prior to any hearing. 

I have also factored in that any information gleaned from a Freedom of Information Request is in fact a response to the world at large. 

I have concluded that the Public Interest in withholding this information, outweighs the Public nterest in disclosure. I hope that this explains our decision.