Crown Prosecution Service
- Date 3 April 2018
- Sector Police and criminal justice
- Decision(s) FOI 40: Not upheld
The complainant requested the criminal case file held by the Crown Prosecution Service (CPS) in respect of a crime for which he was the alleged victim. The CPS said that the information was exempt from disclosure under section 30(1)(c) (investigations and proceedings) and section 40(2) (personal information) of the FOIA. The Commissioner considered whether the request was primarily for the complainant’s own personal data, and found that it was. The Commissioner has therefore decided that the requested information was exempt from disclosure under section 40(1) of the FOIA and that the CPS should have cited section 40(5)(a) to neither confirm nor deny whether it holds the requested information. Information Tribunal appeal EA/2018/0094 dismissed.