Hampshire Constabulary

The complainant requested information concerning ‘Executive Authority’ to carry out surveillance in cases where misconduct by employees of the public authority is suspected. The public authority refused to confirm or deny whether it held information falling within the scope of this request and cited the exemptions provided by the following sections of the Act: 30(3) (information held for the purposes of an investigation), 31(3) (law enforcement), 40(5) (personal information) and 44(2) (statutory prohibitions to disclosure). The Commissioner finds that none of these exemptions were engaged and the public authority is now required to provide to the complainant confirmation or denial of whether relevant information is held. The Commissioner also finds, however, that the public authority failed to comply with the requirements of sections 17(1)(c) and 17(3)(a) of the Act in its handling of the request. Information Tribunal appeal number EA/2011/0114 part allowed.