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Police and Crime Commissioner for Warwickshire

  • Date 10 July 2018
  • Sector Police and criminal justice
  • Decision(s) FOI 23: Not upheld, FOI 24: Not upheld

The complainant has requested information about the purchase and use of Covert Communications Data Capture (“CCDC”) from the Warwickshire Office of the Police and Crime Commissioner (the “OPCC”). In respect of parts (1) to (3) of the request, the OPCC confirmed holding some information but advised that it was exempt from disclosure under sections 24(1) (national security) and 31(1) (law enforcement). In respect of part (4) of the request it would neither confirm nor deny (“NCND”) holding any information citing section 23(5) (information supplied by, or relating to, bodies dealing with security matters); it also cited section 21(1) (information accessible by other means) which it later retracted. During the Commissioner’s investigation the OPPC withdrew reliance on section 23(5), saying that it should have advised the complainant that part (4) of the request related to a different public authority. The Commissioner’s decision is that, in respect of parts (1) to (3) of the request, the OPCC was entitled to rely on section 24(1). She also finds that part (4) of the request was addressed to a different public authority and the OPPC should have advised the complainant accordingly. No steps are required. Information Tribunal appeal EA/2018/0170 disposed by consent.