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You are here: BAILII >> Databases >> Information Commissioner's Office >> Police Service of Northern Ireland (Police and criminal justice ) [2015] UKICO FS50550891 (4 August 2015) URL: http://www.bailii.org/uk/cases/UKICO/2015/FS50550891.html Cite as: [2015] UKICO FS50550891 |
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4 August 2015, Police and criminal justice
The complainant has requested two reports relating to a murder that took place in 1952. The Police Service of Northern Ireland (PSNI) said that it was unable to confirm or deny that it held the requested information since to do so would exceed the appropriate limit at section 12 of the FOIA. The Commissioner’s decision is that PSNI has incorrectly relied on section 12. The Commissioner requires the public authority issue a fresh response to the complainant that does not cite section 12 of the FOIA in respect of the duty to confirm or deny that the requested information is held. The public authority must take this step 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 FOIA and may be dealt with as a contempt of court. This decision notice is currently under appeal to the Tribunal.
FOI 12: Upheld