Information Commissioner's Office

Home Office

3 March 2015, Central government

The complainant requested a copy of a notice that he believed had been served upon the telecommunications service provider Talktalk requiring it to retain communications data. The Home Office refused to confirm or deny whether it held this information and cited the exemptions provided by the following sections of the FOIA: 24(2) (national security), 31(3) (prejudice to law enforcement), 43(3) (prejudice to commercial interests). The Commissioner’s decision is that the Home Office applied section 24(2) correctly and so it was not obliged to confirm or deny whether it held the requested information.

FOI 24: Not upheld