Metropolitan Police Service (Police and Criminal Justice): ICO 1 Mar 2018

The complainant has requested information about the operation of a Pro Laser IIII device from the Metropolitan Police Service (the ‘MPS’). The Commissioner’s decision is that the MPS breached section 10(1) of FOIA by failing to confirm that it holds the requested information within the statutory time limit. The Commissioner does not require the MPS to take any action as a result of this notice.
FOI 10: Complaint upheld

Citations:

[2018] UKICO FS50716393

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617625

Metropolitan Police Service (Police and Criminal Justice) FS50720422: ICO 1 Mar 2018

The complainant has requested copies of test videos showing the use of Talon equipment from the Metropolitan Police Service (the ‘MPS’). To date he has not received a substantive response. The Commissioner’s decision is that the MPS has breached sections 1 and 10 of the FOIA in that it has failed to provide a valid response to the request within 20 working days of receipt. She requires the MPS to comply with the request or issue a valid refusal notice as set out in section 17 of the FOIA.
FOI 10: Complaint upheld FOI 1

Citations:

[2018] UKICO FS50720422

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617628

Metropolitan Police Service (Police and Criminal Justice): ICO 8 Mar 2018

The complainant has requested information about three named parties from the Metropolitan Police Service (the ‘MPS’). The MPS would neither confirm nor deny holding any related information, citing the exemption at section 40(5) (personal information) of the FOIA. The Commissioner’s decision is that it was entitled to do so. No steps are required.
FOI 40: Complaint not upheld

Citations:

[2018] UKICO FS50717400

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617626

Metropolitan Police Service (Police and Criminal Justice) FS50718003: ICO 1 Mar 2018

The complainant has requested information about a Privacy Impact Assessment from the Metropolitan Police Service (the ‘MPS’). The Commissioner’s decision is that the MPS breached section 10(1) of the FOIA by failing to confirm that it holds the requested information within the statutory time limit. As it has now done so, she does not require it to take any action as a result of this notice.
FOI 10: Complaint upheld

Citations:

[2018] UKICO FS50718003

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617627

Metropolitan Police Service (Police and Criminal Justice) FS50720968: ICO 15 Mar 2018

The complainant has requested information about a police Operation from the Metropolitan Police Service (the ‘MPS’); to date he has not received a substantive response. The Commissioner’s decision is that, although it has complied with section 17(1) (refusal of request) of the FOIA in stating which exemption is to be relied upon, by failing to complete its public interest test considerations within a reasonable time period the MPS has breached section 17(3). She also finds that the MPS has breached section 10(1) (time for compliance) of the FOIA in failing to provide a valid response to the request within 20 working days. The Commissioner requires the MPS to issue a substantive response to the complainant’s request, either disclosing the requested information or issuing a refusal notice which includes the outcome of any public interest considerations.
FOI 17: Complaint upheld FOI 10: Complaint upheld

Citations:

[2018] UKICO FS50720968

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617630

Cabinet Office (Central Government) FS50672452: ICO 13 Mar 2018

The complainant has requested minutes and all papers of a meeting on immigration held in the early months of 2012 and attended by David Cameron, Steve Hilton and senior civil servants, during which the Government’s immigration target was discussed. The public authority withheld the information held within the scope of the request on the basis of section 35(1)(a) FOIA. The Commissioner has concluded that the public authority was entitled to rely on section 35(1)(a) FOIA
FOI 35: Complaint not upheld

Citations:

[2018] UKICO FS50672452

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617560

Cabinet Office (Central Government): ICO 15 Mar 2018

The complainant has requested the agenda and minutes of a meeting which he believes took place after 14 May 2009 regarding the Iraq Inquiry. This meeting is referred to in other information that the Cabinet Office has disclosed under FOIA. The Cabinet Office initially confirmed holding this information but said it needed further time to consider the balance of public interest in relation to section 36 (prejudice to the effective conduct of public affairs). It subsequently corrected what it considered to be an erroneous position and argued that it did not hold information within the scope of the request. The Commissioner’s decision is that the Cabinet Office does not hold any information within the scope of the request but that it contravened the requirements of section 10(1) of the Act by failing to provide a response within 20 working days of the date of the request. No steps are required.
FOI 10: Complaint upheld FOI 1: Complaint not upheld

Citations:

[2018] UKICO FS50672116

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617559

Cabinet Office (Central Government) FS50679830: ICO 13 Mar 2018

The complainant submitted a request to the Cabinet Office seeking information about the assassination of Benazir Bhutto. The Cabinet Office confirmed that it held information falling within the scope of the request but it sought to withhold this on the basis of the following exemptions within FOIA: sections 27(1)(a), (c) and (d) and 27(2) (international relations); sections 31(1)(a), (b) and (g) section (law enforcement); section 38(1)(b) (health and safety); section 40(2) (personal data); sections 31(1)(a), (b) and (g) section (law enforcement); and 41(1) (information provided in confidence). The Commissioner has concluded that the withheld information is exempt from disclosure on the basis of sections 27(1)(a), (c), (d) of FOIA and that in all the circumstances of the case the public interest favours maintaining the exemptions.
FOI 27: Complaint not upheld

Citations:

[2018] UKICO FS50679830

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617561

Cabinet Office (Central Government): ICO 20 Mar 2018

The complainant has requested information submitted by former Prime Ministers in relation to their claim for the Public Duty Costs Allowance. The Cabinet Office refused to disclose the information citing section 40(2) and section 41(1) of the Act. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 40(2) and section 41(1) for part of the requested information but the remaining information should be disclosed. The Commissioner requires the public authority to provide the complainant with the information that falls outside of the exemptions under section 40(2) and section 41(1). The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 40: Complaint partly upheld FOI 41: Complaint partly upheld

Citations:

[2018] UKICO fs50639272

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617558

Cardiff Council (Local Government): ICO 20 Mar 2018

The complainant requested details of parking tickets issued to a specific vehicle. Cardiff Council (‘the Council’) refused to confirm or deny whether the requested information is held by virtue of section 40(5) of the FOIA. The Commissioner’s decision is that the Council is not entitled to rely on section 40(5) to refuse to confirm or deny whether it holds information falling within the scope of the request. The Commissioner requires the Council to issue a fresh response under the FOIA to the request which does not rely on section 40(5).
FOI 40: Complaint upheld

Citations:

[2018] UKICO FS50698997

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617562

BBC (Other): ICO 21 Mar 2018

The complainant has requested information from the BBC about the closure of Caversham Park. The BBC has not provided a response to the request. The Commissioner’s decision is that: The BBC has breached section 10(1) of the FOIA as it has not complied with section 1(1) within 20 working days with respect to the complainant’s request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Respond to the complainant’s request of 27 September 2017 by issuing a substantive response that meets the requirements of the FOIA.
FOI 10: Complaint upheld

Citations:

[2018] UKICO fs50725007

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617553

BBC (Other): ICO 28 Mar 2018

The complainant has requested information from the BBC about pay gaps. The Commissioner’s decision is that: the BBC has breached section 10(1) of the FOIA as it has not complied with section 1(1) within 20 working days with respect to the complainant’s request. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Respond to the complainant’s request of 12 January 2018 by issuing a substantive response that meets the requirements of the FOIA.
FOI 10: Complaint upheld

Citations:

[2018] UKICO fs50727583

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617554

BBC (Other): ICO 20 Mar 2018

The complainant requested information on the identity of a Commissioning Editor in the 1990s. The BBC confirmed that they did not hold any further information. The complainant considered that more information must be held. The Commissioner’s decision is that the BBC does not hold any further information in this case. The Commissioner does not require the BBC to take any steps.
FOI 1: Complaint not upheld

Citations:

[2018] UKICO fs50716144

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617552

BBC (Other): ICO 26 Mar 2018

The complainant has requested information on TV Licensing’s policies on handling personal data. The BBC responded to the request, providing some information, stating some information was not held and withheld details of its security verification procedures on the basis of section 31 of the FOIA. The Commissioner’s decision is that the BBC has correctly engaged section 31 of the FOIA and the public interest favours maintaining the exemption.
FOI 31: Complaint not upheld

Citations:

[2018] UKICO fs50691059

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 23 April 2022; Ref: scu.617551