Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Chief Constable of West Midlands Police (Police and criminal justice) [2023] UKICO 262761 (16 November 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/262761.html
Cite as: [2023] UKICO 262761

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Chief Constable of West Midlands Police

The complainant has requested information from West Midlands Police (WMP) in relation to two specific Police Officers. WMP disclosed some information in response to the first part of the request but would “neither confirm nor deny” (NCND) holding the information for the second part of the request citing section 40(5)(b) (Personal information) of FOIA. The Commissioner’s decision is that WMP was not entitled to rely on the exemption cited for the second part of the request. The Commissioner requires WMP to take the following steps to ensure compliance with the legislation: • Confirm or deny whether the requested information is held. • If information is held, it should either be disclosed or WMP should issue a fresh refusal notice in compliance with section 17 FOIA. WMP must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 40(5B): Complaint upheld

Decision notice: 262761