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Decision Summary

  • Case Ref: FS50142499
  • Date: 20 January 2009
  • Public Authority: Crown Prosecution Service
  • Summary: The complainant requested information from the Crown Prosecution Service (the CPS) relating to the contents of a defence bundle of documents in R v Vernon Attwell, John Donaldson and Thomas Style. The CPS confirmed that it held the information and cited the exemptions of sections 30, 40(2) and 41 as its reason for withholding the entire bundle. During the Commissioner’s investigation, the complainant confined his request to a single item, item 10, within the defence bundle. The CPS confirmed in its internal review that item 10 is exempt by virtue of section 40(2) of the Act. The Commissioner has determined that the CPS correctly applied section 40(2) of the Act. He considers that a disclosure of this information would be unfair to identifiable individuals and this would contravene the first data protection principle. The Commissioner finds that the CPS breached section 17(1) of the Act by failing to issue a Refusal Notice within the time for compliance with section 1(1). It also breached section 17(1)(b) of the Act by failing to specify that section 40(2) applied by virtue of section 40(3)(a)(i). The Commissioner does not uphold the complaint and requires no steps to be taken. Information Tribunal appeal number EA/2009/0010 dismissed.
  • View PDF of Decision Notice: [1]