17 February 2016, Police and criminal justice
The complainant has requested information about an examination of his mobile phone carried out by Cheshire Constabulary (“the Constabulary”), including details of the officers involved. The Constabulary judged that most of the information constituted the complainant’s own personal data. That part of the request was successfully dealt with as a subject access request under the Data Protection Act 1998 (“the DPA”). The Constabulary also disclosed some technical information and information about a senior officer. It refused to disclose information about a junior member of police staff, citing section 40(2) (personal data) of the FOIA. The Information Commissioner’s decision is that the Constabulary was entitled to rely on section 40(2) to refuse to disclose the information. He requires no steps to be taken.
FOI 40: Not upheld