The complainant requested information concerning the investigation into the death of a British citizen, Helen Smith, in Saudi Arabia in May 1979. The Crown Prosecution (CPS) disclosed some information but withheld the remainder, ultimately citing sections 31(1)(c) (law enforcement), 38(1)(a) (health and safety) and 40(2) (personal information) of the FOIA. The Commissioner investigated its application of sections 31 and 38. The Commissioner’s decision is that the CPS has demonstrated that sections 31(1)(c) and 38(1)(a) are engaged in relation to the withheld information and the public interest favours maintaining the exemptions. The Commissioner also found that the CPS breached section 17(1) of the FOIA. The Commissioner requires no steps to be taken as a result of this decision.
FOI 31: Complaint not upheld FOI 17: Complaint upheld FOI 38: Complaint not upheld
[2019] UKICO fs50788774
Bailii
England and Wales
Updated: 14 September 2021; Ref: scu.639140