Information Commissioner's Office

West Midlands Police

19 January 2016, Police and criminal justice

The complainant has requested information about a police car driven by a police officer who apprehended him for allegedly speeding. West Midlands Police (“the Constabulary”) disclosed some information about the car driven by the officer named in the request, but refused to confirm or deny whether it held any further information, citing the exemption at section 40(5) (personal data). The Commissioner’s decision is that the Constabulary was entitled to rely on section 40(5) to neither confirm nor deny whether it held the remainder of the requested information. However, by failing to issue a response within the statutory 20 working day timescale, the Constabulary breached section 10(1). The Commissioner does not require it to take any steps.

FOI 10: Upheld FOI 40: Not upheld