Important new decisions relating to Police sector and DPA

Some important decisions listed below in the Police context, in particular the Suffolk Constabulary notice: showing some precdent in the context of applying the public interest text to use of the S30 exemption Law enforcement: "The Commissioner found that while the exemptions relating to investigations and law enforcement were engaged the public interest did not favour maintenance of the exemptions as the facts of the investigation were known to the complainant and there were no independent witnesses." and also S40 Personal data aspect: "the Commissioner did not consider that disclosure would breach the data protection principles"

These decsions also show some positive signs of prioritisation at the ICO - in terms of clusering similar cases together.

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Case Ref: FS50072312
Date: 10/04/06
Public Authority: Corby Borough Council
Summary: The Council refused to comply with a request for information until the Information Commissioner intervened, informing it that it had a duty under the Act to respond to requests. The Council then complied with its duties under section 1(1) of the Act and responded to the complainant, and so as a result the Decision Notice does not contain any steps.
Section of Act/EIR & Finding: s.1(1) - Complaint Upheld
Full Transcript of Decision Notice FS50072312


Case Ref: FS50083794
Date: 10/04/06
Public Authority: Duffield Parish Council
Summary: An information request made to the Council was refused because it believed that it has provided all relevant information to the complainant prior to the introduction of the Act. The Commissioner informed the Council that it has a duty under section 1(1) of the Act to respond to the request, which it subsequently did. As a result the Decision Notice does not contain any steps.
Section of Act/EIR & Finding: s.1(1) - Complaint Upheld
Full Transcript of Decision Notice FS50083794


Case Ref: FS50088452
Date: 06/04/06
Public Authority: Ministry of Defence
Summary: The complainant requested information about Freedom of Information requests received by the MoD, who replied to the complainant but failed to do so within 20 working days. The Refusal Notice provided did not cite any exemptions or give reasons for the refusal of aspects of the request. However, as the MoD rectified these breaches in an Internal Review and provided additional information to the complainant the Decision Notice does not contain any steps.
Section of Act/EIR & Finding: FOI s.10 - Complaint Upheld, s.17(a)(b)(c) - Complaint Upheld
Full Transcript of Decision Notice FS50088452


Case Ref: FS50086598
Date: 06/04/06
Public Authority: The Chief Officer of Staffordshire Police ('the Police')
Summary: The complainant requested information about an informant and the Police's actions in relation to this informant. Initially the Police considered the request to be vexatious, but then withdrew this claim once the Commissioner had commenced an investigation. The complainant intimated that he wished to obtain information which would identify the informant, and the Commissioner is satisfied that the specific information requested is not held. The Police considered information that could identify the informant exempt from disclosure under sections 30 (Investigations) and 40 (Personal Information). Section 30 is qualified by a public interest test, and the Commissioner recognises the strong public feel able to provide information to the Police. With regard to section 40, the Commissioner is satisfied that section 40 is engaged and that a disclosure here would be unfair, breaching the first data protection principle. The Commissioner therefore does not require any further action of the Police.
Section of Act/EIR & Finding: FOI s.14 - Complaint Upheld, FOI s.1 - Complaint Not Upheld, FOI s.30 - Complaint Not Upheld, FOI s.40 - Complaint Not Upheld
Full Transcript of Decision Notice FS50086598


Case Ref: FS50095304
Date: 06/04/06
Public Authority: The Chief Officer of Suffolk Constabulary
Summary: The complainant requested information contained in the notebook of a police constable and a copy of the investigation into allegations of misconduct made by the complainant against the constable. The public authority argued that the requested information was exempt either because it was held for the purposes of an investigation, that disclosure would prejudice the purpose of law enforcement, or that the information comprised personal data. The Commissioner found that while the exemptions relating to investigations and law enforcement were engaged the public interest did not favour maintenance of the exemptions as the facts of the investigation were known to the complainant and there were no independent witnesses. The Commissioner also found that the majority of the personal data in question related to the complainant rather than third parties, and so should be released under section 7 of the Data Protection Act. Insofar as the information related to other persons, the Commissioner did not consider that disclosure would breach the data protection principles.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld, s.30 - Complaint Upheld, s.31 - Complaint Upheld, s.40 - Complaint Upheld
Full Transcript of Decision Notice FS50095304


Case Ref: FS50062508
Date:06/04/06
Public Authority: Warwickshire Police Authority
Summary: The complainant requested information relating to a complaint he had made arising out of disciplinary action taken against him by the police authority. Although he was provided with some information, a report about him was withheld in reliance on exemptions relating to Investigations, Court Records and Legal Professional Privilege. Following the Commissioner's intervention, the Authority provided the complainant with a redacted copy of the withheld information, but it became apparent that an unredacted copy of the withheld report had previously been sent to the complainant. The Commissioner therefore found that the Authority has incorrectly attempted to rely upon the stated exemptions.
Section of Act/EIR & Finding: FOI s.1 - Complaint Upheld, s.30 - Complaint Upheld, s.32 - Complaint Upheld, s.42 - Complaint Upheld.
Full Transcript of Decision Notice FS50062508