28 July 2016, Police and criminal justice
The complainant requested information about whether DNA evidence held by the police in the case of the murder of Mrs Georgina Edmonds related only to a single specific individual or could possibly relate to any other individuals who may also have had some connection with the crime. The Commissioner decided that, on an objective reading, the request was open to more than one interpretation. The Commissioner’s approach to section 1(3) FOIA is that a public authority must seek clarification of a request whose meaning is not clear or is open to more than one objective reading. The police did not clarify with the complainant which interpretation he had intended. Accordingly the Commissioner decided that the police had not complied with section 16(1) FOIA. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: to clarify with the complainant exactly what information it was that he wished to receive.
FOI 16: Upheld