Sexual Assaults

Request Number: FOI/16359

Category: Incident and Crime Statistics - Sexual Offences

Subject: Sexual Assaults

Request and Answer: 
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland (PSNI) does hold some information to which your request relates and this is being provided to you.
We further consider some of the information you seek in question numbers 1 - 3 exempt by virtue of Section 40 of FOIA and have detailed our rationale as to why this exemption applies. We have also provided you with links to guidance issued by the Information Commissioner’s Office (ICO) which we have followed in responding to your request.

Question 1
How many reports have been made to the PSNI of sexual assault which are alleged to have taken place in leisure centres, swimming pools, health clubs and spas?

Question 2
How many reports have been made to the PSNI of rape which are alleged to have taken place in leisure centres, swimming pools, health clubs or spas?

Question 3
How many reports have been made to the PSNI of voyeurism (all forms of covert surveillance whether using a recording device or in person) which are alleged to have taken place in leisure centres, swimming pools, health clubs or spas? 

Answer 1 - 3
Total amount for these offences - 13

PSNI have made the decision to provide the total amount of reports for these offences rather than the individual figure for each offence. This is due to these figures being considered as ‘low level’ and there is a significant risk that this level of detail breakdown could potentially lead to the identification of individuals involved and thus a breach of Data Protection regulations therefore Section 40(2) of FOI act applies as articulated below.

This is further supported as once information is released into the public domain there is no control of how its utilized and in conjunction with previous responses on similar subjects, PSNI is aware of the mosaic and precedent effects if released.

Section 17(1) of the Freedom of Information Act 2000 requires the Police Service of Northern Ireland, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:

1. states that fact,
2. specifies the exemption in question and
3. states (if not otherwise apparent) why the exemption applies.

The exemption/s, as well as the factors the Department considered when deciding where the public interest lies, are listed below:

Section 40(2)(a)(b) by virtue of Section 40(3)(A)(a) – Personal Information

The full text of exemptions can be found at www.legislation.gov.uk and further guidance on how they operate can be located on the Information Commissioners Office website www.ico.org.uk.

Section 40(2) of the FOIA is an absolute exemption which means there is no requirement on PSNI to consider whether there is a public interest in disclosure. It is an interface exemption and we must consider whether release of the information would breach the General Data Protection Regulations (‘GDPR’) or the Data Protection Act 2018 (‘DPA’) Third party personal information constitutes ‘personal data’ under the GDPR (Article 4) and DPA (Part 1 s.3).

Under the Freedom of Information Act, PSNI must consider if information can be released into the public domain. We have therefore considered whether the disclosure of this personal data is subject to the exemption at Section 40(2) of the Freedom of Information Act 2000 by virtue of s40(3)(A)(a). As information is ‘personal data’, PSNI considered whether disclosure would contravene any of the six data protection principles contained within the GDPR or DPA.

The six data protection principles are good information handling standards which PSNI must comply with in relation to how it handles personal information, including deciding whether to disclose it or not.  In particular, the first principle requires personal data to be processed in a lawful and fair manner. In considering whether it is ‘fair’ to any individual to release information about them, PSNI considered the likely expectations of those individuals and the nature of the information involved and the material you have requested. Individuals must have confidence that their information is treated sensitively and appropriately by PSNI. The PSNI has a duty to protect the personal data of all individuals, and to disclose the geographical locations as per your request would be unfair to these individuals. We consider it would be extremely unfair to those individuals and therefore a breach of the first principle of data protection legislation.

This information is therefore exempt under section 40(2) of the FOIA as it contravenes data protection legislation to release it.

Question 4
How many of the above points 1, 2 & 3 were reported to have taken place in a mixed sex, open plan village style changing area?

Answer 4
For the purposes of this response, PSNI has interpreted this to mean any changing area which utilises cubical changing.
6.

Question 5
How many of the above points 1, 2 & 3 were reported to have taken place in a single-sex changing room?

Answer 5
1

Question 6
How many of the above points 1, 2 & 3 were reported to have been committed by a male?

Answer 6
In all incidents the suspect was reported to have been male.

Question 7
How many of the above points 1, 2 & 3 were reported to have been committed by a male member of staff?

Answer 7
None.

Question 8
How many of the above points 1, 2 & 3 were reported to have involved a female victim?

Answer 8
13.

Question 9
Does your force record the sex of offenders as biological sex or as gender identity?

Answer 9
There is no current definition of gender within the service in relation to data collection and reporting systems. At present gender is recorded according to how a person reports their gender to police.