Reference:
FS50145322
Freedom of Information Act 2000 (Section 50) Decision Notice
Date 19 December 2007
Public Authority: Address:
The Chief Officer of West Yorkshire Police PO Box 9 Laburnum Road Wakefield West Yorkshire WF1 3QP
Summary
The complainant is seeking information that he asserts was provided to third parties in relation to cases that he was involved in during the 1970s and 1980s and which he believes is held by West Yorkshire Police. The Commissioner understands that these cases related to a number of employment issues and an allegation of theft. The public authority provided some information to the complainant and denied holding anything else of relevance. It explained to him that it was likely that any information held would have been destroyed. The complainant does not accept that the police destroyed the information and has corresponded with the police about this matter over a number of years. Contained in his correspondence are a number of subsequent requests which have been made to challenge the police's position. The Commissioner has determined that the public authority was not obliged to confirm or deny whether it held information by virtue of section 40(5). This is on the basis that, if held, the information would constitute the complainant's personal data and would be exempt under section 40(1). In failing to advise the complainant of this or to respond within the twenty working day timescale the public authority failed to comply with the requirements of section 17(1). The Commissioner considers that the public authority should have treated the request as a subject access request under section 7 of the Data Protection Act 1998. He will now go on to make a separate assessment under section 42 of that Act.
The Commissioner's Role
1.
The Commissioner's role is to decide whether a request for information made to a public authority has been dealt with in accordance with the requirements of Part 1 of the Freedom of Information Act 2000 ('the Act'). This Notice sets out his decision.

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