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CPU Analysis 98086 : Messrs. AAU and the Department of Agriculture and Food.
CPU Analysis 98086 : Messrs. AAU and the Department of Agriculture and Food.
98086
Section 21(1)(a) : release could prejudice the effectiveness of test examinations etc of public bodies Section 23(1)(a) : release could impair the prevention etc of offences or the apprehension or prosecution of offenders Section 23(3) : records cannot be withheld under 23(1) if a) they disclose than an investigation was illegal or b) contain information on the performance of law enforcement functions by the public body or on the merits of a policy on detecting law breaking and release would be in the public interest
21(1)(a),23(1)(a),23(3)
21,23,23
21,23
1. The Commissioner found a very significant public interest in a Department being able to conduct effective investigations into a wide variety of possible abuses. The public interest in ensuring fair treatment of individuals was also acknowledged.
2. In cases where there is a strong possibility that a criminal prosecution will be taken, arguments in favour of release of relevant records are weak and remain weak until such time as the investigation has been completed and a prosecution has been concluded or a decision has been taken not to institute one.
3. As a general proposition, the Commissioner accepted that an investigator must be allowed a fair degree of latitude, subject to the need for fair procedures, to decide when information already in his or her possession should be made available to a party which is the subject of the investigation.
Messrs. AAU and the Department of Agriculture and Food. The requesters sought access to their files held by a District Veterinary Office of the Department. Following internal review, the Department released all but three of the records sought. The Information Commissioner found against the Department with regard to one of those records, granted part access to another and agreed with the decision of the Department to refuse access to the third record.