Information Commissioner's Office

Summary: The complainant requested information contained in the notebook of a police constable and a copy of the investigation into allegations of misconduct made by the complainant against the constable. The public authority argued that the requested information was exempt either because it was held for the purposes of an investigation, that disclosure would prejudice the purpose of law enforcement, or that the information comprised personal data. The Commissioner found that while the exemptions relating to investigations and law enforcement were engaged the public interest did not favour maintenance of the exemptions as the facts of the investigation were known to the complainant and there were no independent witnesses. The Commissioner also found that the majority of the personal data in question related to the complainant rather than third parties, and so should be released under section 7 of the Data Protection Act. Insofar as the information related to other persons, the Commissioner did not consider that disclosure would breach the data protection principles.
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 30 - Complaint Upheld, FOI 31 - Complaint Upheld, FOI 40 - Complaint Upheld