Health and Care Professions Council

The applicant has requested a complaint case file. The Health and Care Professions Council (HCPC) provided a response under the data protection legislation. It also provided a response under FOIA, relying on section 30, section 31 and section 40 of FOIA which concern investigations, law enforcement and personal data respectively. HCPC has subsequently confirmed that it is relying on section 40(5B) of FOIA to neither confirm nor deny it holds the requested information. The Commissioner’s decision is as follows: HCPC is entitled under section 40(5B)(a)(i) of FOIA to neither confirm nor deny it holds the requested information as to do so would disclose the personal data of a third person. The Commissioner does not require HCPC to take any corrective steps. Information Tribunal FTT EA/2022/0435 appeal dismissed.