Chief Constable of Merseyside Police

The complainant has requested, from Merseyside Police, Body Worn Video (BWV) footage taken by police attending an incident. Merseyside Police refused to provide the requested footage citing the exemptions at sections 40(2) (Personal information) and 30 (1)(a) & (2)(a)(i)(iii) (Investigations and proceedings) of FOIA. Merseyside Police advised the Commissioner that some footage was officially available online. However, it had not advised the complainant regarding this so the Commissioner considered its obligations under section 21 of FOIA and found a breach. The Commissioner’s decision is that section 40 is properly engaged in respect of all of the remaining information. The Commissioner requires Merseyside Police to direct the complainant to any officially disclosed BWV footage. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2022/0279 appeal dismissed.