Information Commissioner's Office

Summary: The complainant requested the number of reports of anti social behaviour and a description of the type or category of anti social behaviour reported for a specified post code area and time period. The public authority refused to confirm or deny whether it held information falling within the scope of the requests and cited the exemption provided by section 40(5) (personal information). The reasoning of the public authority for the citing of this exemption focussed on its concern about setting a precedent for confirmation or denial of whether information similar to that requested in this case is held that may apply in future, rather than any concern related to the specific information requested in this case. The Commissioner finds that confirmation or denial of whether information falling within the scope of the requests is held would not constitute personal data and that the exemption provided by section 40(5) is not, therefore, engaged. The public authority is required to provide to the complainant confirmation or denial of whether information falling within the scope of the requests is held in accordance with the requirement of section 1(1)(a). For any information that is held, the public authority is required to either disclose this information to the complainant in accordance with the requirement of section 1(1)(b), or to issue a valid refusal notice that states which provision of the Act prevents disclosure. Information Tribunal appeal number EA/2009/0013 dismissed.
Section of Act/EIR & Finding: FOI 40 - Complaint Upheld