Driver and Vehicle Licensing Agency

The complainant has requested all information concerning the driving licence of a deceased named individual. The Driver and Vehicle Licensing Agency (DVLA) refused to confirm or deny if any such information was held, relying on section 41(2) of the FOIA (information provided in confidence). The Commissioner’s decision is that the DVLA is entitled to rely on the exemption from the duty to confirm or deny if information is held under section 41(2) of the FOIA, and that the inherent public interest test within the duty of confidentiality favours protecting the confidence. However, the Commissioner has recorded a procedural breach of section 10 of the FOIA as the DVLA failed to respond to the complainant’s request within the statutory time limit. The Information Commissioner does not require any steps to be taken as a result of this decision notice. First-tier tribunal (General Regulatory chamber) information rights appeal EA/2021/0176 Appeal Allowed.