Department for Work and Pensions
- Date 17 December 2020
- Sector Central government
- Decision(s) FOI 40(1): Not upheld, FOI 40(5a): Not upheld
The complainant has requested information about surveillance he alleges the Department for Work and Pensions carried out on him. The DWP confirmed that it held relevant information, but relied on section 40(1) of the FOIA to withhold it because the information would be his own personal data. The Commissioner’s decision is that any information that the DWP held would be the complainant’s own personal data. However, she considers that, because the information would have been personal data, the DWP should have relied on section 40(5A) of the FOIA and should not have confirmed or denied holding information. The Commissioner does not require further steps to be taken. Information Tribunal appeal EA/2021/0031 appeal dismissed.