The complainant requested information from the Metropolitan Police Service (MPS) about people convicted under the refusal to decrypt legislation. The MPS ultimately confirmed it held information within the scope of the request but withheld it citing the exemptions in sections 40(2) (personal information) and 30(1) (investigations and proceedings). It also neither confirmed nor denied that it held any other relevant information citing the exemptions in sections 23(5) (information supplied by or relating to bodies dealing with security matters) and 24(2) (national security). The Commissioner focussed his investigation on the personal information exemption. He found that the exemption at section 40(2) is engaged and requires no steps to be taken. However, the Commissioner identified a series of procedural shortcomings on the part of the public authority relating to delay (section 10) and failure to explain application of exemptions (section 17).
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld
Citations:
[2011] UKICO FS50295253
Links:
Jurisdiction:
England and Wales
Information
Updated: 11 June 2022; Ref: scu.530358