The complainant asked the public authority to provide information relating to an alleged rape case and any associated court case details. Although Cheshire Constabulary initially confirmed it did not hold the requested information, the subject matter of the case prompted the Commissioner to consider whether the public authority should instead have given a ‘neither confirm nor deny’ response. The Commissioner finds that confirmation or denial would disclose personal data and that the disclosure of this personal data would be in breach of the first data protection principle. The exemption provided by section 40(5)(b)(i) should therefore have been applied. The public authority is not required to take any steps. Information Tribunal appeal EA/2011/0098 struck out.
Section of Act/EIR and Finding: FOI 40 – Complaint Not upheld
Citations:
[2011] UKICO FS50349980
Links:
Jurisdiction:
England and Wales
Information
Updated: 13 November 2022; Ref: scu.530293