ICO The complainant requested information relating to the items confiscated from prisoners at HMP Risley and HMP YOI Thorn Cross. The public authority replied that section 31(1)(f) (maintenance of security and good order in prisons) was engaged and that it would carry out a public interest determination within a target timeframe. The Commissioner finds that section 17(1)(c) was breached at this point as the public authority failed to inform the complainant why the exemption was engaged. The timeframe was readjusted on at least three separate occasions before the complainant complained to the Commissioner. The Commissioner finds a delay of over eight months in carrying out a public interest determination to be in breach of section 17(3). The Commissioner also found the public authority in breach of section 1(1)(a), 1(1)(b) and section 10(1). The public authority is required to issue a notice explaining why section 31(1)(f) is engaged and where it believes the balance of the public interest lies. If the public authority concludes that the balance of the public interest favours disclosing the information or no longer considers the exemption to apply, the information should be provided to the complainant.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 17 – Complaint Upheld
Citations:
[2008] UKICO FS50198451
Links:
Jurisdiction:
England and Wales
Information
Updated: 29 March 2022; Ref: scu.532686