Shaun Jenkins Police Appeals Tribunal Report

Reference: 13031

Date Added: Thursday, September 12, 2013

Category: Miscellaneous

Disclosure Details

Question

 

I would like to request, under the Freedom of Information Act, a copy of the report by the appeal panel which reinstated PC Shaun Jenkins in April 2012.

 

Answer

 

Please see attached document.

Please note: Certain information contained in the report is personal and has been redacted for the following reason:

The exemption applicable to the information you have requested for this question can be found at Section40(2) – Personal Information, of the Act and this refusal notice is issued under Section 17.

The Office of the Police and Crime Commissioner is withholding part of the information you have requested on the basis that the exemption contained in s 40(2) of the Freedom of Information Act applies in that the information you have requested is personal data of third parties and the disclosure of the data would breach one of the principles contained in the Data Protection Act. The relevant principle is the first principle which states that:

Personal data shall be processed fairly and lawfully and in particular shall not be processed unless -

(a) at least one of the conditions in Schedule 2 is met and

(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is met

It is only necessary to consider (a) in respect of the information requested. The relevant condition in Schedule 2 is condition 6 which states that:

"The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject"