Police refusing to give me my interview recording.

[d3v]

So I requested the recording just a few days after the interview and I correctly used their own SAR form on the forces' website. They refused in a letter the next day stating...


I can advise you that the investigation with regards to this matter is still on-going at this time. As such, material is still being considered with regards to this investigation and is therefore exempt from disclosure under Schedule 2, Part 1, Paragraph 2 of the Act:

2(1) The listed GDPR provisions and Article 34(1) and (4) of the GDPR (communication of personal data breach to the data subject) do not apply to personal data processed for any of the following purposes—
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of offenders, or
(c) the assessment or collection of a tax or duty or an imposition of a similar nature,
to the extent that the application of those provisions would be likely to prejudice any of the matters mentioned in paragraphs (a) to (c).

In basic terms, information is exempt from disclosure where provision of that information could prejudice the Police’s ability to discharge their statutory functions in respect of preventing and detecting crime or in apprehending and prosecuting offenders. With regards to on-going investigations, disclosure would not be permitted until the conclusion of such investigations and any subsequent criminal proceedings so as not to subjudice those proceedings.

I invite to you to resubmit your request after a reasonable period has passed or at such time when you are notified that investigations are concluded. We will then endeavour to provide the information requested.

Should you require any further assistance concerning this matter, please contact us by email, quoting the reference number above.

[PallasAthena]

That sounds clear enough, that SAR exemption does exist.

What would you like help with here?

[d3v]

Yes I know it exists in the 2018DPA I'm just disputing the relevancy of it being applied to an interview recording? Are they wrong?

[PallasAthena]

Your interview is part of the "detection of crime" exemption so I would think it does apply. Others may be more expert than me on normal police practice.

[d3v]

Hmm, I've done some further research and I think it comes under pace code E.

[PallasAthena]

It does come under PACE Code E but that says pretty much what the police told you in the your first post on the thread. That you aren't entitled to a copy while investigations are still ongoing.