ICO The complainant made a six-part request for information to Lancashire Constabulary. The Constabulary cited section 14 of the Act and refused to provide the requested information on the grounds that the request was vexatious. The Commissioner has decided that the Constabulary was incorrect to rely on section 14 of the Act at the time of the request. However he has determined that the information sought by the complainant would, if held, constitute his personal data and therefore attract section 40(1) of the Act. The Commissioner finds that the Constabulary should have cited section 40(5) of the Act and should have neither confirmed nor denied holding the complainant’s personal data. Ordinarily the Commissioner would go on to make a separate assessment under section 42 of the Data Protection Act 1998. However, because the complainant made a Subject Access Request for the same information on 18 October 2005, and he has already carried out such an assessment, he will take no further action in this matter. Information Tribunal appeal number EA/2009/0088 has been dismissed.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld
[2009] UKICO FS50174035
Bailii
England and Wales
Information
Updated: 13 December 2021; Ref: scu.532175