Howarth and Chief Constable of The Police Service of Scotland: SIC 7 Jul 2015

SIC ICR Report and Related Information – On 18 August 2015, Mr Howarth asked the Chief Constable of the Police Service of Scotland (Police Scotland) for the Initial Case Review (ICR) report concerning Daniel Welsh, with the reasons why this was not taken to a Significant Case Review (SCR).
Police Scotland responded by stating that the report was exempt from disclosure, on the basis it was personal information and related to a criminal investigation. Following a review, Mr Howarth remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that Police Scotland partially failed to respond to Mr Howarth’s request for information in accordance with Part 1 of FOISA. In particular, Police Scotland failed to identify all of the relevant information it held. The Commissioner accepted that all of the information was correctly withheld, however, on the basis that it was personal data and its disclosure would breach the first data protection principle.

[2015] ScotIC 105 – 2015
Bailii
Scotland

Scotland, Information

Updated: 03 January 2022; Ref: scu.550878