The complainant requested information on anthrax or white powder hoaxes utilising the postal system in 2003. Surrey Police neither confirmed nor denied that this information was held citing the exemptions at sections 23(5) (information supplied by security bodies), 24(2) (national security), 27(4) (international relations), 30(3) criminal investigations, 31(1) (law enforcement) and 38(2) public safety. It upheld this decision at the internal review stage, additionally citing section 40(5). The Commissioner concludes that none of the exemptions ultimately relied upon are engaged for NCND purposes. The public authority is required to provide to the complainant confirmation or denial of whether information falling within the scope of the request is held. Any information that is held should either be disclosed to the complainant or the public authority should issue a refusal notice valid for the purposes of section 17(1). The Commissioner also found procedural breaches.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld
Citations:
[2010] UKICO FS50246819
Links:
Jurisdiction:
England and Wales
Information
Updated: 29 September 2022; Ref: scu.531463
