Summary: The complainant, a firm of solicitors, submitted a number of requests to the Cabinet Office on behalf of one of its clients, Lord Ashcroft. The requests focused on Lord Ashcroft-™s first nomination for a working peerage in 1999. The Cabinet Office confirmed that it held information falling within the scope of these requests but refused to provide this information relying on the exemptions contained at sections 40(1), 40(2) and 37(1)(b) of the Act. (The Cabinet Office also provided the complainant with a response with regard to whether its client was entitled to this information under the Data Protection Act.) For the purposes of this notice the Commissioner has considered the Cabinet Office-™s handling of the requests under the Act. He has concluded that all of the requested information is Lord Ashcroft-™s personal data and therefore the Cabinet Office was correct to refuse to disclose this information under the Act on the basis of section 40(1). The Commissioner has also concluded that in light of the effect of section 40(5) the Cabinet Office was not in fact obliged to confirm or deny whether it held such information.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld