Cabinet Office

The complainant has requested CCTV footage from cameras on Whitehall which showed Andrew Mitchell MP attempting to leave Downing Street on his bicycle by the main gate in September 2012. The Cabinet Office originally refused to provide it citing section 40 (unfair disclosure of personal data) as its basis for doing so. During the Commissioner’s investigation it changed its position and argued that the footage was exempt under section 31 (prejudice to law enforcement) because the matter had become the subject of an investigation by the Metropolitan Police. It argued that the public interest favoured maintaining this exemption. The Commissioner’s decision is that the Cabinet Office is entitled to rely on section 31 as a basis for withholding the requested information. However, he has concluded that the Cabinet Office contravened section 10(1) and section 17 of the FOIA in failing to provide a refusal notice within 20 working days. No steps are required.