Crown Prosecution Service
- Date 4 June 2024
- Sector Police and criminal justice
- Decision(s) FOI 17: Upheld, FOI 40: Not upheld
The complainant has requested information about a prosecution case in which he is named as the defendant. The Crown Prosecution Service (CPS) would neither confirm nor deny that it holds the requested information, citing section 40(5A) (Personal information) of FOIA. The Commissioner’s decision is that the CPS was entitled to rely on section 40(5A) of FOIA to neither confirm nor deny whether it holds the requested information. However, it breached section 17(1) of FOIA by failing to issue a valid refusal notice within twenty working days of receipt of the request.