Avon and Somerset Constabulary (Police and criminal justice) [2018] UKICO fs50728053 (10 July 2018)
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Avon and Somerset Constabulary
The complainant has requested information about the purchase and use of Covert Communications Data Capture (“CCDC”) from Avon and Somerset Constabulary (“A&S”). A&S would neither confirm nor deny (“NCND”) whether it holds the requested information, citing the exemptions at sections 23(5) (information supplied by, or relating to, bodies dealing with security matters), 24(2) (national security) and 31(3) (law enforcement) of the FOIA for the request in its entirety. In respect of parts (1) and (3) of the request the Commissioner’s decision is that sections 23(5) and 24(2) were cited correctly so A&S was not obliged to confirm or deny whether the requested information is held; this is also her position in respect of some of part (4) of the request. For part (2) of the request and the ‘legislation’ and ‘codes of practice’ elements of part (4) of the request, the Commissioner’s decision is that the exemptions were applied incorrectly. A&S is required to confirm or deny whether this information is held and either disclose it or issue a fresh response compliant with section 17 of the FOIA. (Please note that since this decision notice was issued it has come to light that a request for internal review was never received by the public authority and subsequent follow up emails were sent to an incorrect email address. Therefore the public authority was not aware of the internal review request and paragraphs 11 and 20 – 24 should be disregarded.)
FOI 24:
Complaint partly upheld
FOI 23:
Complaint partly upheld
Decision notice: fs50728053
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50728053.html
