Information Commissioner's Office

Summary: The complainant requested all Special Branch information relating to John Lennon. The public authority refused to confirm or deny whether it held information falling within the scope of this request, citing the exemptions provided by sections 23(5) (information supplied by or relating to security bodies) and 24(2) (national security) in conjunction, as well as sections 31(3) (investigations), 38(2) (health and safety) and 40(5)(b)(i) (personal information). In the absence of any explanation from the public authority, either at the refusal notice or internal review stage, or in its correspondence with the Commissioner, as to its reasoning for why these exemptions are engaged or, in relation to sections 24(2), 31(3) and 38(2), why the public interest favours the maintenance of these exemptions over compliance with the requirement of section 1(1)(a), the Commissioner concludes that these exemptions are not engaged. The Commissioner also finds that the public authority failed to comply with the procedural requirements of sections 17(1)(b), 17(1)(c) and 17(3)(b) through its inadequate handling of the request. The public authority is required, in accordance with section 1(1)(a), to provide a confirmation or denial of whether it holds information falling within the scope of the request. For any information that is held, this should either be disclosed in accordance with the requirement of section 1(1)(b), or a reason valid under the Act given for why this information will not be disclosed.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 23 - Complaint Upheld, FOI 24 - Complaint Upheld, FOI 31 - Complaint Upheld, FOI 38 - Complaint Upheld, FOI 40 - Complaint Upheld