18 June 2014, Police and criminal justice
The complainant has requested to know the identity of a police spokesperson who spoke to the media about a criminal case which related to him. Merseyside Police refused to confirm or deny whether it held the information and cited the exemption provided by section 40(5)(b)(i) of the FOIA. During the course of the Information Commissioner’s investigation it withdrew 40(5)(b)(i) and substituted section 40(2) instead. The Information Commissioner’s decision is that the public authority was entitled to withhold the information about the identity of the spokesperson on the basis of section 40(2). The Information Commissioner does not require the public authority to take any steps. Information Tribunal appeal EA/2014/0164 dismissed.
FOI 40: Not upheld