Financial Conduct Authority
- Date 30 September 2022
- Sector Other
- Decision(s) FOI 40: Upheld, FOI 44: Upheld
The complainant has requested correspondence between Lord Barker and the Financial Conduct Authority (FCA) relating to EN+ Group within a specified time period. The FCA refused to confirm or deny if any correspondence existed on the basis of the exemptions at section 44(2) and 40(5) of the FOIA. The Commissioner’s decision is that the FCA was not entitled to rely on either section 44(2) or section 40(5) of the FOIA to neither confirm nor deny holding relevant information. The Commissioner requires the public authority to either confirm or deny holding information within the scope of the request. If the FCA holds information it must either disclose it, or issue a refusal notice that complies with section 17 of the FOIA.