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You are here: BAILII >> Databases >> Information Commissioner's Office >> Home Office (Decision Notice) [2009] UKICO FS50154876 (04 August 2009)
URL: http://www.bailii.org/uk/cases/UKICO/2009/FS50154876.html
Cite as: [2009] UKICO FS50154876
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Home Office (Decision Notice) [2009] UKICO FS50154876 (04 August 2009)
Summary: The complainant requested all information held by the public authority about the website -˜Confidential Access-™. The public authority refused to confirm or deny whether it held information falling within the scope of this request and cited the exemption provided by section 31(3) (prejudice to law enforcement) as it believed that confirmation or denial would reveal whether a police investigation of -˜Confidential Access-™ is or has taken place, or is planned. The Commissioner finds that confirmation or denial in response to the complainant-™s request would reveal nothing about police investigations and that the exemption provided by section 31(3) is not, therefore, engaged and that the refusal to confirm or deny consequently constituted a breach of sections 1(1)(a) and 10(1). The Commissioner also finds that the public authority failed to comply with the requirements of sections 17(1)(c) and 17(3)(a) through its handling of the request. The public authority is required to provide to the complainant confirmation or denial of whether information falling within the scope of the request is held. For any information that is held, the public authority is required to either disclose that information, or provide a valid reason as to why that information will not be disclosed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 31 - Complaint Upheld