Home Office

The complainant has requested information relating to visa applications of 60 named individuals. The complainant linked these individuals to the death in Russia of Sergei Magnitsky. Initially, the Home Office refused to provide this information citing section 40(2) (unfair disclosure of personal data) as its basis for doing so. At internal review, it clarified its position and refused to confirm or deny whether it held the requested information, it cited section 40(5) (where providing confirmation or denial would breach the Data Protection Act) and section 31(3) (where providing confirmation or denial as to whether information is held would prejudice the operation of immigration controls). It also made broadly the same arguments in relation to a cumulative figure that the complainant requested in correspondence with the Home Office during this period. The Commissioner’s decision is that the Home Office is excepted from its obligation to provide confirmation or denial as to whether it holds the requested information including the cumulative figure. It is entitled to rely on section 40(5) as its basis for this. No steps are required. Information Tribunal appeal EA/2014/0051 dismissed.