Summary: The complainant has requested information about a crime of which he was allegedly the victim. The public authority refused to confirm or deny holding any information by virtue of section 40(5)(b). Following internal review it also added the exemption at section 30(3). The Information Commissioner considers that any information, if held, would be the complainant-™s -˜personal data-™ as it would all relate to an alleged crime against him. If held, it would therefore be absolutely exempt under the Act by virtue of the exemption at section 40(1). The exemption provided by section 40(5)(b)(i) means that the public authority is not required to confirm or deny whether it holds any information under the Act. As the Information Commissioner finds that this has been correctly cited he has not considered 30(3). The Information Commissioner does not require the public authority to take any steps.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld