Chief Constable of Durham Constabulary

The complainant has requested information on the identity of an individual who they say placed a telephone call to Durham Constabulary. Durham Constabulary has relied on section 40(2) (personal data) to withhold information within scope of the first part of the request. It has neither confirmed nor denied it holds information requested in the second part under section 31(3) of FOIA, which concerns law enforcement. The Commissioner’s decision is as follows: The information requested in the first part of the request is exempt information under section 40(2) of FOIA as it is the personal data of a third person and releasing this information would not be lawful. Durham Constabulary is entitled to rely on section 31(3) of FOIA to neither confirm nor deny it holds the information requested in the second part of the request as to do so would be likely to prejudice the apprehension or prosecution of offenders, and the exercise of Durham Constabulary’s functions for the purpose of ascertaining whether any person has failed to comply with the law. Durham Constabulary breached section 17(1) as its refusal of the request was not adequate. The Commissioner does not require Durham Constabulary to take any corrective steps. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0242 under appeal.