Information Commissioner's Office

Sussex Police

16 October 2007, Police and criminal justice

The complainant made five information requests to the public authority. One file was ultimately deemed to be exempt under Section 40(1) by the public authority and it claimed not to hold the other information. The Commissioner investigated whether he agreed with the use of the Section 40(1) exemption regarding this request, and then considered whether it was the most applicable exemption for all of the requested pieces of information. He has concluded that the section 40(1) exemption did or would have applied to all of the information. He further concluded that the public authority was not in fact obliged to comply with 1(1)(a) in this regard by virtue of section 40(5). In failing to inform the complainant that section 40(5) applied the public authority breached section 17(1) of the Act. However the Commissioner has not ordered any remedial steps in the light of the contents of this notice. This decision notice is currently under appeal to the Information Tribunal.

FOI 17: Upheld