Information Commissioner's Office

Summary: The complainant requested information in connection with correspondence received from the Crown Prosecution Service (the -�CPS-�). The public authority initially advised the complainant that his request was -�vexatious-� and further explained that some of the information might be his -�personal data-�. During the Information Commissioner-�s investigation the public authority changed its position and relied only on sections 40(1) and (2). The Information Commissioner considers that any information would be the complainant-�s -�personal data-� as it would all relate to correspondence about him. It would therefore be exempt by virtue of the exemption at section 40(1). Furthermore, the exemption provided by section 40(5)(b)(i) should have been applied which means that the public authority was not required to confirm or deny whether it holds any information under the Act. As the complainant has already been advised how to make a request for his personal data the Information Commissioner does not require any steps to be taken.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld