Chief Constable Essex Police

The complainant has requested a copy of a misconduct report about a named police officer. Essex Police would neither confirm nor deny whether it holds the requested information, citing section 30(3) (Investigations and proceedings) and section 40(5B)(a)(i) (Personal information) of FOIA. The Commissioner’s decision is that Essex Police was entitled to rely on section 40(5B)(a)(i) of FOIA to neither confirm nor deny whether it holds the requested information.