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You are here: BAILII >> Databases >> Information Commissioner's Office >> Police Service of Northern Ireland (Decision Notice) [2010] UKICO FS50328067 (13 December 2010) URL: http://www.bailii.org/uk/cases/UKICO/2010/FS50328067.html Cite as: [2010] UKICO FS50328067 |
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Summary: The complainant made a request to the Police Service of Northern Ireland ('PSNI') for information pertaining to travel arrangements made by or on behalf of the son of the PSNI-™s former Chief Constable. The request consisted of 2 parts. The PSNI refused to confirm or deny whether it held the information as requested in Part 1 of the request, citing section 40(5) of the Act (where the information is third party personal data and confirmation or denial would contravene the data protection principles). The Commissioner considered that section 40(5) had not been correctly applied in that instance and ordered the PSNI to confirm or deny whether it held the information in Part 1 of the request and to consider disclosing the information in Part 2. The PSNI confirmed that it did hold the information in Part 1 of the request, however it refused to disclose the information in Part 2, citing the exemptions under sections 38(1)(a) and (b) (health and safety) and 40(2) of the Act by virtue of section 40(3)(a)(i) (third party personal data). The Commissioner considers that the PSNI applied section 40(2) correctly to part of the withheld information and has therefore not considered section 38. However, he does not consider that either section 40(2) or section 38 apply to the remainder of the withheld information and has ordered disclosure of that information.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 40 - Complaint Partly Upheld
