Crown Prosecution Service (Police and criminal justice) [2023] UKICO 173094 (31 January 2023)
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Crown Prosecution Service
The complainant has made a series of requests for information connected to previous allegations he had made. The above public authority refused to confirm or deny that it held the requested information. The Commissioner’s decision is that the public authority was entitled to rely on section 40(5A) to refuse to confirm or deny if it held any information within the scope of elements [1], [2], [3], [10], [11], [12], [14], [15] and [16] because the information, if it were held, would be the complainant’s own personal data. It was entitled to rely on section 40(5B) of FOIA to refuse to confirm or deny that it held information within the scope of elements [4], [5] and [6] as doing so would reveal the personal data of one or more third parties. It was not entitled to rely on either exemption to refuse to confirm or deny that it held any information within the scope of elements [7], [8], [9], [13], [17] or [18]. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: confirm individually whether or not it holds any information within the scope of elements [7], [8], [9], [13], [17] or [18] and, if it does, provide that information or issue a refusal notice that complies with section 17 of FOIA. Keywords: criminal allegations
FOI 40:
Complaint partly upheld
Decision notice: 173094
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URL: http://www.bailii.org/uk/cases/UKICO/2023/173094.html
