Information Commissioner's Office

Summary: In September 2005 the complainant made a request for information under the Freedom of Information Act (-�the Act-�). The request was refused by Cambridgeshire Constabulary (-�the public authority-�) under section 30(1) (investigations and proceedings). In subsequent refusals it also referred to section 40(1) and (2) (personal information). When originally commencing his investigation, the Commissioner advised the complainant that he considered the entire information to be her -�personal data-� under the terms of the Data Protection Act (-�the DPA-�). He advised the complainant that he would assess it under the terms of the DPA and, accordingly, closed her complaint under the Act. The public authority made a disclosure under the terms of the DPA which the Commissioner subsequently assessed. He was satisfied with the outcome. The complainant again wrote to the Commissioner and sought a decision under the terms of the Act. The Commissioner has maintained that the information is exempt under section 40(5) of the Act. Information Tribunal appeal number EA/2009/0083 part-allowed.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld