Greater Manchester Police
- Date 9 November 2020
- Sector Police and criminal justice
- Decision(s) FOI 1: Not upheld, FOI 14: Upheld, FOI 31: Upheld, FOI 36: Upheld, FOI 38: Upheld, FOI 40(2): Partly upheld, FOI 41: Upheld, FOI 43(2): Not upheld, FOI 44: Upheld
The complainant requested information relating to the introduction of a new computer system. Greater Manchester Police (‘GMP’) initially refused the request on cost grounds, citing section 12(1) of the FOIA. During the course of the Commissioner’s investigation, GMP withdrew its reliance on section 12(1) and disclosed some of the previously withheld information to the complainant. It withheld the remainder citing section 31 (law enforcement), section 31(3) (the ‘neither confirm nor deny’ provision for law enforcement), section 38 (health and safety), section 40(2) (personal information) and section 43(2) (commercial interests). The complainant has disputed the application of the exemptions, and also believed that GMP held further information which it had not disclosed in relation to part 4 of his request. It became apparent after a forensic review of the withheld information in order to prepare this notice, that GMP had marked some of the withheld information as being exempt under section 14(1) (vexatious request), section 36 (prejudice to the effective conduct of public affairs), section 41 (information provided in confidence) and section 44 (prohibitions on disclosure). However, GMP had neither cited these exemptions formally, nor had it provided any arguments to support them. The Commissioner’s decision is that GMP failed to demonstrate that these exemptions are engaged. Some information was neither marked by GMP as being exempt nor as suitable for disclosure so the Commissioner has also ordered its disclosure. In relation to section 31(1)(a) and (b), GMP did not provide any submissions so the Commissioner finds it has failed to demonstrate that this exemption is engaged. The Commissioner has also determined that section 31(3) is not engaged for the reasons set out in this notice. The Commissioner finds that section 38 is not engaged for the reasons set out in this notice. She also finds that section 40(2) is partly engaged and GMP was entitled to withhold names it had identified as falling under section 40(2). The Commissioner has determined that section 43(2) is engaged and, where cited, GMP was entitled to rely on it. The Commissioner has concluded, on the balance of probabilities, that GMP does not hold any further information beyond that already disclosed to the complainant in the course of responding to part 4 of this request. The Commissioner requires GMP to take the following steps to ensure compliance with the legislation; the steps should be read in conjunction with the non-confidential Annex attached to this notice:
RAID ( Risks / Action / Issues / Dependencies) log
• Disclose all the entries in the RAID log already identified by GMP as being suitable for disclosure (see Annex).
• Disclose the entries in the RAID log withheld under sections 14(1), 31(1), 36, 38, 41 and 44 as specified in the Annex to this notice.
• Disclose the six entries within the RAID log which were neither identified by GMP as being exempt nor suitable for release as set out in the Annex.
• Disclose the information identified by GMP as suitable for disclosure (namely the four tabs in their entirety) as set out in the Annex.
• Confirm or deny whether the information is held in respect of the entries in the RAID log withheld under section 31(3) of the FOIA and either disclose this or withhold it citing another FOI exemption.
• Disclose the entries in the log withheld under section 40(2) (minus the names) as set out in the Annex.
Two iOPS strategy reports
• Disclose the information initially withheld under section 43(2) but subsequently identified by GMP during the investigation as being suitable for disclosure (see Annex).
• Disclose the job titles in the iOPS Testing Strategy Report initially withheld by GMP under section 40(2), but subsequently identified by GMP as being suitable for disclosure (see Annex).
GMP must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0019 appeal dismissed.