Information Commissioner's Office

Summary: The complainant made 6 requests for information concerning a speeding offence committed by a named Police Superintendent and other related information regarding any police officers cautioned for speeding offences where the cases had not been referred to the Crown Prosecution Service (CPS). Nottinghamshire Police withheld the information under sections 40(2) (personal data) and 30(1) (investigations) of FOIA. The Information Commissioner-�s (-�the Commissioner-�s-�) decision in relation to requests 1 and 2 is that the correct response was to have neither confirmed nor denied holding any information on the basis of section 40(5)(b)(i). This is because confirming or denying the existence of information would constitute processing of sensitive personal data in breach of the first data protection principle. In relation to requests 3, 4 and 5, the Commissioner has found that Nottinghamshire Police incorrectly refused to respond on the basis that the requests were not valid under section 8 of FOIA. However he has also decided that the correct response in respect of those requests would have been to refuse to confirm or deny holding any information on the basis of section 40(5)(b)(i). In relation to request 6, Nottinghamshire Police correctly refused to provide the information in accordance with section 12(1) (costs limit), but failed to provide appropriate advice and assistance to the applicant under section 16(1) of FOIA. The Commissioner requires Nottinghamshire Police to contact the complainant and provide advice and assistance either with regards to refining the request to enable compliance or explaining in greater detail why it cannot be refined adequately to bring it under the cost limit. This decision notice is currently under appeal to the Information Tribunal.
Section of Act/EIR & Finding: FOI 12 - Complaint Not upheld, FOI 16 - Complaint Upheld, FOI 40 - Complaint Not upheld