Information Commissioner's Office

Hampshire Constabulary

17 July 2008, Police and criminal justice

The complainant, a local newspaper, requested statistical information relating to the number of NIPs (Notice of Intended Prosecution) issued for speed limit infringements at two safety camera enforcement sites on the A339 in Upper Wootton. It also requested information about the value of fines collected as a result of the issue of the NIPs. In the request, the complainant made specific reference to an earlier decision of the Information Tribunal which ordered the disclosure of similar information. The public authority took the view that the circumstances in this case were sufficiently different from the earlier case and refused to provide the requested information citing the exemptions at section 31 (Law Enforcement) and section 38 (Health and Safety). It also argued that the public interest in maintaining these exemptions outweighed the public interest in disclosure. The Commissioner has decided that the information is not exempt from disclosure under the Act and requires the public authority to disclose it to the complainant as a total figure and as annual figures where those are available for full calendar years. In failing to provide the information requested, the public authority breached section 1(1)(b) of the Act. The public authority also failed to provide an adequate refusal notice and, in doing so, breached the requirements of sections 17(1)(b) and section 17(3)(b).

FOI 31: Upheld FOI 38: Upheld FOI 17: Upheld