4 October 2016, Local government (Other)
The complainant has requested the names of particular individuals involved in considering a complaint submitted to the General Medical Council (GMC). The GMC says that under section 40(5)(b)(i) of the FOIA it is not obliged to confirm or deny that it holds the requested information. It says this is because to do so would disclose personal data of a third person which would breach the first principle of the Data Protection Act (DPA). The Commissioner’s decision is that the GMC is correct to neither confirm nor deny it holds the information that has been requested, for the reason it has given. The Commissioner does not require the GMC to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld