Information Commissioner's Office

Sussex Police

13 February 2007, Police and criminal justice

The complainant requested investigation information relating to a serious allegation that was made against him. The public authority refused to provide this information citing Section 30(1) and Section 30(2) (Information obtained during an investigation), Section 38 (Health and Safety), Section 40(1) (Personal Data relating to the applicant) and Section 40(2) (Unfair Disclosure of Personal Data). The Commissioner has decided that the public authority should have specified in its refusal notice that it did not hold some of the requested information. In failing to do so, it contravened the requirements of Section 1(1) (a) of the Act. In relation to the withheld information, the Commissioner has decided that it was exempt under Section 30(1). The Commissioner has also decided that the public interest in maintaining this exemption outweighs the public interest in disclosure in relation to the majority of the withheld information. However, the Commissioner has decided that the public interest in maintaining the exemption did not outweigh the public interest in disclosure in relation to one officer statement included in the withheld information. The Commissioner has also decided that it would not breach any of the data protection principles to disclose the names of officers mentioned in the withheld information. The Commissioner requires the public authority to disclose the specified officer statement and to disclose the names of officers mentioned in the withheld information within 35 calendar days of the date of this Notice.

FOI 1: Upheld