Information Commissioner's Office

Devon and Cornwall Constabulary

12 March 2008, Police and criminal justice

The complainant requested copies of the police statements and pocket books of three officers involved in an incident and also a copy of the statement made by a third party involved in the same incident. The public authority refused to release the information on the basis it was exempt under sections 30(1)(b), 40(1), 40(2) and 41 of the Act. The Commissioner has determined that the public authority was not obliged to confirm or deny whether it held the requested information by virtue of section 40(5) of the Act. This is on the basis that, if the information was held, it would constitute the complainant’s personal data and would be exempt under section 40(1). He has therefore not considered the remaining exemptions. The complaint is not upheld.

FOI 17: Upheld