West Midlands Police (Police and criminal justice) [2018] UKICO fs50717687 (1 May 2018)
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West Midlands Police
The complainant requested information about West Midland Police’s (‘WMP’) use of agents provocateurs and similar techniques. After clarifying the request with the complainant, WMP stated that the use of agent provocateurs is illegal and is not used by the Police Service, but would neither confirm nor deny (‘NCND’) whether it held any further information, citing section 31(3), the NCND exemption for law enforcement. During the course of the Commissioner’s investigation, WMP also sought to rely on section 38(2), the NCND exemption for health and safety. In both instances, WMP concluded that the public interest in maintaining the exemption outweighed that in disclosure of the requested information. The Commissioner’s decision is that WMP was entitled to NCND whether it held the requested information by virtue of section 31(3) of FOIA. However, by relying on section 38(2) which it had not mentioned at or before the internal review, WMP has also breached section 17(1) of FOIA. The Commissioner does not require WMP to take any steps as a result of this notice.
FOI 31: Complaint not upheld
FOI 17: Complaint upheld
Decision notice: fs50717687
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50717687.html
