Greater Manchester Police (Police and criminal justice) [2020] UKICO IC-46173 (9 November 2020)
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Greater Manchester Police
The complainant requested information relating to the introduction of a new computer system. Greater Manchester Police (‘GMP’) initially refused the request on cost grounds, citing section 12(1) of the FOIA. During the course of the Commissioner’s investigation, GMP withdrew its reliance on section 12(1) and disclosed some of the previously withheld information to the complainant. It withheld the remainder citing section 31 (law enforcement), section 31(3) (the ‘neither confirm nor deny’ provision for law enforcement), section 38 (health and safety), section 40(2) (personal information) and section 43(2) (commercial interests). The complainant has disputed the application of the exemptions, and also believed that GMP held further information which it had not disclosed in relation to part 4 of his request. It became apparent after a forensic review of the withheld information in order to prepare this notice, that GMP had marked some of the withheld information as being exempt under section 14(1) (vexatious request), section 36 (prejudice to the effective conduct of public affairs), section 41 (information provided in confidence) and section 44 (prohibitions on disclosure). However, GMP had neither cited these exemptions formally, nor had it provided any arguments to support them. The Commissioner’s decision is that GMP failed to demonstrate that these exemptions are engaged. Some information was neither marked by GMP as being exempt nor as suitable for disclosure so the Commissioner has also ordered its disclosure. In relation to section 31(1)(a) and (b), GMP did not provide any submissions so the Commissioner finds it has failed to demonstrate that this exemption is engaged. The Commissioner has also determined that section 31(3) is not engaged for the reasons set out in this notice. The Commissioner finds that section 38 is not engaged for the reasons set out in this notice. She also finds that section 40(2) is partly engaged and GMP was entitled to withhold names it had identified as falling under section 40(2). The Commissioner has determined that section 43(2) is engaged and, where cited, GMP was entitled to rely on it. The Commissioner has concluded, on the balance of probabilities, that GMP does not hold any further information beyond that already disclosed to the complainant in the course of responding to part 4 of this request. The Commissioner requires GMP to take the following steps to ensure compliance with the legislation; the steps should be read in conjunction with the…
FOI 31:
Complaint upheld
FOI 41:
Complaint upheld
FOI 43(2):
Complaint not upheld
FOI 38:
Complaint upheld
FOI 40(2):
Complaint partly upheld
FOI 14:
Complaint upheld
FOI 36:
Complaint upheld
FOI 1:
Complaint not upheld
FOI 44:
Complaint upheld
Decision notice: IC-46173
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URL: http://www.bailii.org/uk/cases/UKICO/2020/ic-46173.html
