The complainant requested information about the owners of three specified vehicles, and the identity of the drivers of those vehicles at specified times and dates. Cumbria Constabulary (the Constabulary) initially cited the exemption provided by section 40(2) (personal information) of the FOIA and in so doing effectively confirmed that all of the requested information was held. During the Commissioner’s investigation the Constabulary changed its stance and stated that it did not hold information relating to two of the vehicles, or the identity of the driver of the third. It maintained that section 40(2) applied in relation to the identity of the owner of one of the vehicles, which was information that it did hold. The Commissioner’s decision is that the Constabulary breached the FOIA in responding to the request late and in initially indicating incorrectly that it held all of the requested information. However, the Commissioner also finds that the Constabulary has now stated correctly and in accordance with section 1(1)(a) of the FOIA that it does not hold the majority of the requested information.
Section of Act/EIR and Finding: FOI 1 – Complaint Partly Upheld, FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld
Citations:
[2013] UKICO FS50496436
Links:
Jurisdiction:
England and Wales
Information
Updated: 09 May 2022; Ref: scu.528645