Police and Crime Commissioner for Staffordshire

The complainant has requested information about the purchase and use of Covert Communications Data Capture (“CCDC”) from the Staffordshire Office of the Police and Crime Commissioner (the “OPCC”). The OPCC 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 some of part (3) of the request the Commissioner’s decision is that sections 23(5) and 24(2) were cited correctly so the OPCC was not obliged to confirm or deny whether the requested information is held. For the ‘legislation’ element of part (2) of the request and the ‘legislation’ and ‘codes of practice’ elements of part (3) of the request, the Commissioner’s decision is that the exemptions were applied incorrectly. The OPCC 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. Information Tribunal appeal EA/2018/0169 disposed by consent.