The Criminal Cases Review Commission (Police and criminal justice) [2020] UKICO fs50867605 (21 April 2020)
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The Criminal Cases Review Commission
The complainant has requested information relating to "criticised experts" or equivalent lists (parts 1 and 2 of the request) and particular guidance documents (parts 3-5 of the request). The CCRC provided information in response to parts 3-5 of the request but made some minimal redactions to third party personal data contained within its guidance under section 40(2) FOIA. It refused to disclose information in relation to parts 1 and 2 of the request under section 40(2) and 44 FOIA. The CCRC also said that some information requested at parts 1 and 2 of the request was reasonably accessible to the applicant and was therefore exempt under section 21 FOIA or in the alternative it would exceed the cost limit under section 12 FOIA for CCRC to provide this information. The Commissioner’s decision is that the CCRC has correctly applied section 40(2) to the redacted information. It correctly applied section 40(2) and 44 to the information withheld in full. The CCRC incorrectly applied section 21 FOIA and section 12 FOIA in the alternative to some of the requested information, however it was not obliged to provide this information under section 14(1) FOIA due to the grossly oppressive burden this would cause. The Commissioner requires no steps to be taken.
FOI 21:
Complaint partly upheld
FOI 40(2):
Complaint partly upheld
FOI 14:
Complaint partly upheld
FOI 44:
Complaint partly upheld
FOI 12:
Complaint partly upheld
Decision notice: fs50867605
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URL: http://www.bailii.org/uk/cases/UKICO/2020/fs50867605.html
