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You are here: BAILII >> Databases >> Information Commissioner's Office >> Surrey Police (Decision Notice) [2009] UKICO FS50183238 (25 August 2009)
URL: http://www.bailii.org/uk/cases/UKICO/2009/FS50183238.html
Cite as: [2009] UKICO FS50183238
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Surrey Police (Decision Notice) [2009] UKICO FS50183238 (25 August 2009)
Summary: The complainant requested information recording the advice received by the public authority from the Association of Chief Police Officers regarding a disagreement between the public authority and another police force about the approach adopted by the public authority when investigating deaths at the Deepcut Army Barracks. The public authority refused the request, citing the exemptions provided by sections 30(1)(a)(i) (information relating to investigations) and 36(2)(b)(i) (inhibition to the provision of free and frank advice). During the course of the Commissioner-™s investigation, the public authority also cited section 40(2) (personal information). The Commissioner finds that the exemptions provided by sections 30(1)(a)(i) and 40(2) are not engaged and that section 36(2)(b)(i) is engaged, but that the public interest in maintenance of the exemption does not outweigh the public interest in disclosure. In failing to disclose the information on the basis of exemptions that the Commissioner has not upheld, the public authority did not comply with the requirements of sections 1(1)(b) and 10(1). The public authority also failed to comply with the requirements of section 10(1) in failing to confirm or deny whether it held information falling within the scope of the request within 20 working days of receipt, and section 17(1) in failing to issue a refusal notice within the statutory time limit. The public authority is required to disclose the information in question. Information Tribunal appeal number EA/2009/0081 dismissed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 30 - Complaint Upheld, FOI 36 - Complaint Upheld, FOI 40 - Complaint Upheld