On 3 February 2014, Mr E asked the Chief Constable of the Police Service of Scotland (the Police) for information pertaining to investigations undertaken by the Police. The Police refused to confirm or deny whether they held any information, but stated that if the information was held it would be personal data and its disclosure would be unlawful.
During the investigation, the Police provided a response to one part of Mr E’s request. They also stated that, if information relating to the other parts was held (which they refused to confirm or deny), most of it would be Mr E’s own personal data.
The Commissioner found that the Police had generally responded to Mr E’s request for information in accordance with Part 1 of FOISA. The Commissioner concluded that the Police had been incorrect to refuse to confirm or deny the existence of information which they later disclosed, but that they were entitled to refuse to confirm or deny whether they held the remainder of the information.
Citations:
[2014] ScotIC 223 – 2014
Links:
Jurisdiction:
Scotland
Information
Updated: 21 July 2022; Ref: scu.538105