Crown Prosecution Service Withholds Text Messages, FOI Appeal Not Upheld

The ICO issued a Decision Notice finding that the Crown Prosecution Service correctly relied on section 30(1)(c) of the Freedom of Information Act to withhold text messages requested by a complainant. The CPS cited the exemption for information relating to criminal proceedings it has power to conduct, and the ICO agreed this was correctly applied. Section 40(2) (personal information) was also cited but not required for the decision.

For affected parties, this decision reinforces that FOIA exemptions protecting criminal proceedings information are regularly upheld when properly applied by public authorities. Requesters seeking disclosure of evidence held in criminal matters should expect section 30 exemptions to be sustained. Government agencies should maintain documentation supporting their reliance on criminal proceedings exemptions.