Crown Prosecution Service
- Date 7 August 2018
- Sector Police and criminal justice
- Decision(s) FOI 40: Upheld
The complainant has requested from the Crown Prosecution Service (the “CPS”) information about how a decision was reached in a particular case. The CPS would neither confirm nor deny (“NCND”) holding any information, citing section 40(5) (personal information) of the FOIA on the basis that, if it was held, it would be the personal data of third parties. The Commissioner’s decision is that section 40 is not engaged. She requires the CPS to confirm or deny whether any information is held and either disclose it or issue a fresh response which is compliant with section 17 of the FOIA.