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Information Commissioner's Office |
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You are here: BAILII >> Databases >> Information Commissioner's Office >> Metropolitan Police Service (Decision Notice) [2009] UKICO FS50129227 (30 June 2009) URL: http://www.bailii.org/uk/cases/UKICO/2009/FS50129227.html Cite as: [2009] UKICO FS50129227 |
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Summary: The complainant requested information relating to instructions or advice given to officers in respect of demonstrations which arose in February 2006 in London following the publication of cartoons depicting the Prophet Mohammed. The public authority refused to provide this information citing a number of exemptions and upheld this position upon review. However, during the Commissioner-™s investigation it became clear that the public authority had read the request too widely and had not sought clarification from the complainant as to what information he was seeking access to. Some information (which had previously not been identified as falling within the scope of the request) was eventually disclosed to the complainant but a set of information (which had also previously not been identified as falling within the scope of the request) was withheld by virtue of section 31(1)(a) and section 31(1)(b). The public authority argued that the public interest in maintaining these exemptions outweighed the public interest in disclosure. The Commissioner decided that the public authority could rely on section 31(1)(a) and section 31(1)(b) as a basis for withholding the information. However, he identified a series of procedural shortcomings on the part of the public authority relating to delay (sections 1 and 10) and failure to explain application of exemptions (section 17).
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 31 - Complaint Not upheld
