On 20 November 2015, Ms X asked the Chief Constable of the Police Service of Scotland (Police Scotland) for information relating to a specified incident.
Police Scotland refused to confirm or deny whether they held any information, but stated that if the information was held, it would be personal data and its disclosure under FOISA would be unlawful.
Following a review, in which Police Scotland upheld their original decision in full, Ms X remained dissatisfied and applied to the Commissioner for a decision.
The Commissioner investigated and found that Police Scotland were entitled to refuse to confirm or deny whether they held the information, and had therefore responded to Ms X’s request for information in accordance with Part 1 of FOISA.
[2016] ScotIC 180 – 2016
Bailii
Scotland
Updated: 07 October 2021; Ref: scu.569167