Summary: In September 2007, the complainant requested a copy of the previous year-™s report of the Office of Surveillance Commissioners relating to the public authority. It refused to provide this citing provisions of section 31 (Law enforcement exemption) as its basis for doing so. It upheld this position after an internal review. The Commissioner has concluded that the public authority had applied the provisions of section 31 incorrectly to some of the information. The Commissioner has also concluded that the public authority cannot rely on section 40(2) as a basis for withholding some of the requested information. The Commissioner therefore requires the public authority to provide some extracts of the requested report. He also finds that the public authority contravened some of the procedural requirements of the Act.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 31 - Complaint Partly Upheld, FOI 40 - Complaint Upheld