Sussex Police (Police and criminal justice) [2018] UKICO fs50706898 (11 June 2018)
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Sussex Police
The complainant requested information on the seizure and processing of digital devices. Sussex Police disclosed some information and said that it did not hold information about instances in which the results of individual forensic examinations were used to prosecute device owners. The complainant challenged this assertion. The Commissioner’s decision is that, on the balance of probabilities, Sussex Police does hold the requested information. She also found that by failing to respond to the request within the statutory 20 working day timescale, Sussex Police breached section 1 and section 10 of the FOIA. The Commissioner requires Sussex Police to issue a fresh response to the request to know, for the periods specified by the complainant, in how many instances the results of forensic examinations were used to prosecute the device owner. The fresh response should not rely on a claim that the requested information is not held.
FOI 10:
Complaint upheld
FOI 1:
Complaint upheld
Decision notice: fs50706898
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50706898.html