Cabinet Office

The complainant asked the public authority to provide information about communications sent or received by a specified individual and their line manager and direct or indirect reports in relation to the company Phorm. Although the Cabinet Office initially confirmed it held some requested information to which it applied the exemption at section 27(1)(b) (prejudice to international relations), it subsequently issued a refusal notice citing section 14 (vexatious requests), and at the internal review stage it stated that it held no information. During the Commissioner’s investigation the public authority sought to rely on the exemption provided by section 40(5)(b)(i), stating that it should instead have given a ‘neither confirm nor deny’ response. The Commissioner finds that section 40(5)(b)(i) does not apply and that the public authority should now confirm or deny whether it holds the requested information or apply an appropriate exemption. The Commissioner also finds that the public authority did not comply with all of its procedural obligations under the Act.