Chief Constable of Durham Constabulary

The complainant requested information relating to a Durham Constabulary-led investigation. Durham Constabulary stated that any information that may be held, was not held for the purposes of the FOIA, citing section 3(2) of the FOIA. The Commissioner’s decision is that some of the requested information, if held, would be held by Durham Constabulary for its own purposes, and therefore would fall within the definition of held for the purposes of the FOIA under section 3(2) of the FOIA. She therefore considers that Durham Constabulary failed to comply with its duty to confirm or deny under section 1 of the FOIA. The Commissioner requires Durham Constabulary to take the following step to ensure compliance with the legislation: issue a fresh response in accordance with section 1 of the FOIA.