Secretary of State for the Home Department (Home Office)

The complainant has requested information about a surveillance tower from the Home Office. The Home Office advised that some information was not held and that the remaining information was exempt from disclosure, citing sections 31(1)(a), (b) and (e) (Law enforcement) and 43(2) (Commercial interests) of FOIA.
The Commissioner’s decision is that, on the civil standard of the balance of probabilities, the information requested at part (10) of the request is not held. In respect of parts (3), (8), (9) and (13) of the request, it is unclear what is held and the Commissioner finds a breach of section 1(1)(a) in this regard (this means it is unnecessary to consider section 43(2) of FOIA). In respect of section 31(1) of FOIA, he has found that this is only partly engaged. 
The Commissioner requires the Home Office to take the following steps: 
•    Issue a fresh response to parts (3), (8), (9), (13) and the second part of part (11) of the request, clearly identifying what is or is not held. It must either disclose any information identified or issue a refusal notice saying it is not held or explaining why it is exempt from disclosure. 
•    Disclose the information at parts (1), (2) and (5) of the request.