Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Crossley Hall Primary School (Education) [2018] UKICO fs50751546 (21 November 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50751546.html
Cite as: [2018] UKICO fs50751546

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Crossley Hall Primary School

The complainant requested information from Crossley Hall Primary School, Bradford (“the school”) relating to any investigation into, or reporting of, an incident which was alleged to have occurred at the school in 2012. The school provided the complainant with some of her own personal data, which was relevant to the request, under the Data Protection Act 1998 (DPA). It stated that it was unable to provide further information because, if held, it would be exempt under the following sections of the FOIA: section 40(2) (third party personal data), section 41 (information provided in confidence), and/or section 43 (prejudicial to commercial interests). The Commissioner has exercised her discretion to consider section 40(5) of the FOIA, which provides an exemption to the duty to confirm or deny whether information is held where to do so would disclose personal data in breach of the DPA. Her decision is that section 40(5) is engaged and that the school should have refused to confirm or deny whether it held the requested information. The Commissioner does not require the school to take any steps.

FOI 40: Complaint not upheld

Decision notice: fs50751546