Crown Prosecution Service

The complainant requested information as to whether specified offences were being investigated. The Crown Prosecution Service (the ‘CPS’) neither confirmed nor denied whether it held the requested information, citing the exemption at section 40(5) (personal information) of FOIA for the majority of the request; it responded to one part of the request. The Commissioner’s decision is that the CPS was entitled to neither confirm nor deny holding information by virtue of section 40(5B) of FOIA for part of the request. However, the Commissioner does not consider that the remaining part of the request constitutes information that is personal data, so she finds that section 40(5B) is not engaged. The Commissioner requires the CPS to disclose the information requested for parts 1 to 4 of the request in relation to paragraphs ‘B’ and ‘C’ of the request) within 35 calendar days of the date of this decision notice.