Crown Prosecution Service (Police and criminal justice) [2023] UKICO 178838 (31 January 2023)
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Crown Prosecution Service
The complainant has requested information about the charges brought against three individuals. The above public authority relied on section 40(5B) of FOIA (third party personal data) refused to confirm or deny that it held information within the scope of the request. The Commissioner’s decision is that the public authority is not entitled to rely on section 40(5B) of FOIA to refuse to confirm or deny that any information is held. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Confirm, to the complainant, whether it holds information within the scope of the request. The public authority must issue a single confirmation or denial covering all three individuals – it is not required to issue three separate responses. If information is held, the public authority must either disclose the information or issue a refusal notice that complies with section 17 of FOIA. Once again, the public authority is not required to dis-aggregate the information in respect of any of the individuals mentioned in the request. Keywords: manifestly made public
FOI 40:
Complaint upheld
Decision notice: 178838
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URL: http://www.bailii.org/uk/cases/UKICO/2023/178838.html
