Foreign and Commonwealth Office

The complainant submitted a request to the Foreign and Commonwealth Office (FCO) seeking information about whether Dominic Rabb had been the subject of any complaints when he was employed by the FCO during the period 2000 to 2006. The FCO relied on section 40(5) (personal data) of FOIA to refuse to confirm whether it held any information falling within the scope of the request.The Commissioner has concluded that the FCO is not entitled to rely on section 40(5) to refuse to confirm or deny whether it holds any information falling within the scope of the request.