Crown Prosecution Service (Police and criminal justice) [2020] UKICO IC-43758 (26 November 2020)
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Crown Prosecution Service
The complainant has requested information about the costs involved in a particular prosecution. The Crown Prosecution Service refused to confirm or deny holding the information as any information it held would be the complainant’s own personal data. The Commissioner’s decision is that the CPS has failed to demonstrate that any relevant information it held would identify the complainant and would therefore be his personal data. As such, the information would not be covered by section 40(1) of the FOIA and therefore the CPS is not allowed to rely on section 40(5A) of the FOIA to neither confirm or deny holding information within the scope of the request. The Commissioner requires the CPS to take the following steps to ensure compliance with the legislation: confirm or deny whether it holds information within the scope of the request and, to the extent that relevant information is held, either communicate that information or issue a refusal notice that complies with section 17 of the FOIA; Any refusal notice must not rely on section 40(1) of the FOIA to withhold any information falling within the scope of the request.
FOI 40:
Complaint upheld
Decision notice: IC-43758
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URL: http://www.bailii.org/uk/cases/UKICO/2020/ic-43758.html
