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You are here: BAILII >> Databases >> Information Commissioner's Office >> British Transport Police (Decision Notice) [2013] UKICO FS50491078 (04 September 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50491078.html
Cite as: [2013] UKICO FS50491078
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British Transport Police (Decision Notice) [2013] UKICO FS50491078 (04 September 2013)
Summary: The complainant requested information concerning incidents where people had collapsed, passed out, been involved in drug activity or died on trains running between Newbury and Reading during 2012. British Transport Police (BTP) initially refused this request under the exemption provided by section 40(2) (personal information) of the FOIA. Following the intervention of the Commissioner, BTP disclosed some information and in relation to the information that continued to be withheld now also cited section 38(1)(a) (endangerment to health and safety). The Commissioner-™s decision is that BTP cited section 38(1)(a) correctly and so it is not required to disclose the information covered by that exemption. Also, when disclosing information to the complainant it correctly withheld some of the content of those materials under section 40(2). However, the Commissioner also finds that section 40(2) was cited incorrectly elsewhere and that BTP also incorrectly withheld other information, apparently on the grounds that it was not within the scope of the request. The Commissioner requires BTP to disclose the seven records of non-fatal incidents in an unredacted form, save the content from the record of 4 April 2013 that the Commissioner has found to be exempt under section 40(2).
Section of Act/EIR & Finding: FOI 1 - Complaint Upheld, FOI 38 - Complaint Not upheld, FOI 40 - Complaint Partly Upheld