Lambeth London Borough Council

The complainant has requested from the London Borough of Lambeth (“LBL”) information related to an earlier request. LBL refused to confirm or deny that it held this information. It cited section 40(5) (unfair use of personal data) as its basis for doing so. It upheld this position at internal review. The Commissioner’s decision is that LBL was entitled to rely on section 40(5) as its basis for refusing to confirm or deny whether it held the requested information. No steps are required. Information Tribunal appeal EA/2017/0235 dismissed.