West Mercia Police (Decision Notice): ICO 27 Oct 2009

ICO The complainant requested a report commissioned by the police as part of an investigation into a perjury allegation made by him. The public authority refused to either confirm or deny whether it held information falling within the scope of the request and cited the exemptions provided by sections 30(3) (information relating to investigations), 38(2) (endangerment to health and safety) and 40(5)(b)(i) (personal information relating to third parties). The Commissioner finds that any information falling within the scope of the request would be the personal data of the complainant and so the request should have more properly been handled as a subject access request made under section 7 of the Data Protection Act 1998. The Commissioner also finds that the public authority breached section 17(1)(c) by failing to explain adequately why section 38(2) was believed to be engaged; and section 17(3)(a) by failing to explain the public interest test adequately in relation to sections 30(3) and 38(2).
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld


[2009] UKICO FS50237840




England and Wales


Updated: 20 May 2022; Ref: scu.532263