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Missing person - 1135/20

Date Responded 30 July 2020

Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')

As you may be aware the purpose of the Act is to allow a general right of access to information held at the time of a request, by a Public Authority (including the Police), subject to certain limitations and exemptions.

You asked:

“I am looking for as much information i can get on the missing child dissapeared in 2015 Deniro Kwiatkowski (uses other names: Arkadiusz Kwiatkowski and Dominik Patryk Krupa) - reference number 15-008171 “

(The information above appears to relate to an article published by the Chronicle in November 2019. )

In Response:

This information will not be provided and by withholding we rely on the following exemption.

Section 40(2) Personal Information

Section 40 - This is an absolute exemption and therefore a Public Interest Test is not relevant. However, for clarity, I will explain my rationale for engaging this exemption.

Section 40(2) provides that information is exempt if it is the personal data of someone other than the applicant and disclosure would breach any of the data protection principles. The term ‘personal data’ means data that relates to a living individual who can be identified. This may take an obvious form of ‘personal’ such as a name but can also include any information from which a person can be identified. As you are specifically asking for ‘as much information’ as you can get on a named individual, such a disclosure would infringe the first Data Protection Principle, in that it would be both unlawful and unfair.

Whilst some information may be put into the public domain for a policing purpose, this does not give anyone the right to be provided with further information on an individual. Section 40 is therefore applicable.


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