The complainant has requested information from some withheld chapters of a partly published report from the Metropolitan Police Service (the ‘MPS’). The MPS would neither confirm nor deny (‘NCND’) whether the requested information is held, citing the exemptions at sections 31(3) (law enforcement,) 40(5) (personal information) and 44(2) (statutory prohibition) of the FOIA. During the Commissioner’s investigation, it added reliance on section 30(3) (investigations and proceedings) of the FOIA. The Commissioner’s decision is that sections 31(3), 40(5) and 44(2) are not engaged. Section 30(3) is engaged but the public interest favours providing a confirmation or denial as to whether the information is held. The Commissioner requires the MPS issue a fresh response, which must confirm or deny whether the information is held, and either disclose the requested information or issue a valid refusal notice compliant with section 17 of the FOIA.
FOI 31: Complaint upheld FOI 40: Complaint upheld FOI 30: Complaint upheld
Citations:
[2020] UKICO FS50909321
Links:
Jurisdiction:
England and Wales
Information
Updated: 12 May 2022; Ref: scu.653670