The complainant requested the name of the employee at the Independent Office for Police Conduct (‘IOPC’) who dealt with the review of the outcome of a police complaint. The IOPC initially withheld the name under section 40(2) FOIA – third party personal data. During the course of the Commissioner’s investigation, the IOPC revised its position. It withdrew reliance on section 40(2) and instead cited section 40(5A) FOIA, to ‘neither confirm nor deny’ (‘NCND) the information was held. The Commissioner’s decision is that the IOPC has correctly cited section 40(5A) FOIA in response to the request as, if held, the information would be the complainant’s own personal data. The Commissioner does not require the IOPC to take any further steps.
FOI 40(5a): Complaint not upheld
Citations:
[2022] UKICO ic-128020
Links:
Jurisdiction:
England and Wales
Information
Updated: 05 June 2022; Ref: scu.677022