The complainant requested information about ‘all incidents’ which had taken place within a specified area over the preceding five years. Lancashire Constabulary provided some of the requested information but withheld the remainder citing section 40(2), the exemption for personal information. During the Commissioner’s investigation, he subsequently stipulated that he only required the information for one of the fifteen incidents in scope. This had been partially disclosed to him, with the remaining information withheld under section 40(2). The Commissioner’s decision is that section 40(2) is only engaged in respect of a telephone number and a vehicle registration mark. By failing to communicate the non-exempt information it held by the time of the internal review and to provide its initial response to the request within the statutory 20 working days’ time limit, Lancashire Constabulary has breached sections 1(1)(b) and 10(1) of FOIA. By failing to issue its section 40(2) refusal notice for parts of the requested information within 20 working days, Lancashire Constabulary has also breached section 17(1) of FOIA. The Commissioner does not require Lancashire Constabulary to take any remedial steps in relation to the delays. The Commissioner requires Lancashire Constabulary to disclose the full incident log for the incident ending in ‘0288’ to the complainant with the exception of the informant’s contact number and the vehicle registration mark, within 35 calendar days of this notice.
FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 40: Complaint upheld FOI 1: Complaint upheld
Citations:
[2019] UKICO fs50821757
Links:
Jurisdiction:
England and Wales
Information
Updated: 22 November 2022; Ref: scu.650435
