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You are here: BAILII >> Databases >> Information Commissioner's Office >> Lincolnshire Police (Decision Notice) [2012] UKICO FS50417373 (19 June 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FS50417373.html
Cite as: [2012] UKICO FS50417373
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Lincolnshire Police (Decision Notice) [2012] UKICO FS50417373 (19 June 2012)
Summary: The complainant requested details as to whether Lincolnshire Police (the Police) had received any complaints -“ other than the two which he had apparently made to the Police himself - about Lincolnshire County Council staff or Councillors between the dates of January 2006 and February 2011. The Police refused to confirm or deny whether it held any information falling with the scope of this request, initially relying on section 40(5) -“ the personal data exemption - of the Freedom of Information Act (FOIA). During the course of the Commissioner-™s investigation the Police also sought to rely on the exemptions contained at section 30(3) and 31(3) which relate to the conduct of investigations and matters of law enforcement respectively. The Commissioner has concluded that the Police are not entitled to rely on the exemption contained at 40(5) to refuse to confirm whether or not it holds the information requested but are entitled to do on the basis of section 30(3) of FOIA. The Commissioner has also concluded that the Police breached section 17 of FOIA by failing to issue its refusal notice within 20 working days.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 30 - Complaint Not upheld, FOI 40 - Complaint Upheld