Information Commissioner's Office

Commissioner of the Metropolitan Police Service

26 November 2015, Police and criminal justice

The complainant has requested information about a relationship between an undercover officer and a woman from the Metropolitan Police Service (the “MPS”). The MPS would neither confirm nor deny holding the requested information citing sections 30(3)(investigations and proceedings), 40(5)(personal data) and 42(2)(legal professional privilege). During the Commissioner’s investigation, the MPS amended its position to advise that some parts of the request were not valid as they were questions rather than requests for recorded information. The Commissioner’s decision is that two parts of the request were not valid as per section 8 of the FOIA. He also agrees that the MPS was entitled to rely on section 40(5)(b)(i) to neither confirm nor deny holding the requested information. No steps are required.

FOI 8: Not upheld FOI 40: Not upheld