Section 31 of the Act. It should not be surmised that we are applying Sections
30
& 31 to the same pieces of information.
Under Section 30(1 )(a)(i)(ii)(b)(c) of
the Act , Public Authorities are able to withhold
information if it was obtained or recorded for the purposes of
investigations, criminal
proceedings or civil proceedings.
In this case the information requested relates to anongoing review. Disclosing specific
details of a review could potentially impact
and undermine any current or future reviews. This
exemption can be applied after
evidencing the Harm, which
could be caused by its release and following completion of
a Public Interest Test (PIT). The purpose of the PIT is to
establish whether the 'Public
Interest' lies in disclosing
or withholding the requested information.
Under Section 31(1) (a) (b) (c) of the Act Public Authorities
are able to withhold
information where its release could
compromise Law Enforcement. In this case the
information
requested relates to an ongoing review. Disclosing specific
details of areview could
potentially impact and undermine any current or future criminal and /or
civil
proceedings. This
exemption can be applied after evidencing the Harm, which could be
caused by its release and following completion of a Public
Interest Test (PIT). The purpose
of the PIT is to
establish whether the 'Public Interest' lies in disclosing or
withholding the requested information.
This email serves as a Refusal Notice
under Section 17 of the Act .
REASONS FOR DECISION
Before I explain
the reasons for the decisions I have made in relation to your request, I
thought that it would be helpful if I outline the parameters
set out by the Act within which
a request for information
can be answered.
The Act creates a statutory right of
access to information held by public authorities . A
public
authority in receipt of a request must, if permitted, confirm if the
requested
information is held by that public authority and,
if so, then communicate that information
to the
applicant.
The right of access to
information is not without exception and is subject to a number of
exemptions which are designed to enable public authorities to
withhold information that
is not suitable for release.
Importantly, the Act is designed to place information into the
public domain, that is, once access to information is granted
to one person under the
Act, it is then considered public
information and must be communicated to any
individual
should a request be received.
I have
considered your request for information within the provisions set out by the
Act.
I have addressed your request in order to both confirm
if the requested information is
held by the MPS and then to
provide this information to you. Where I have been unable
to provide the requested information to you, I have explained
my decision in accordance
with Section 17 of the Act.
Evidence of Harm
In considering whether or not this information
should be disclosed, I have considered
the potential HARM
that could be caused by disclosure.
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