Information Commissioner
- Date 20 January 2025
- Sector Other
- Decision(s) FOI 42(1): Not upheld, FOI 44(1): Not upheld
The complainant has requested from the ICO information regarding the creation of Data Protection Impact Assessments related to its processing of data under Part 3 of the Data Protection Act 2018 using Microsoft Cloud Services. The request was also for information disclosed to the ICO by DESC (Digital Evidence Sharing Capability) partners and any guidance provided to those partners regarding their processing of personal data for law enforcement purpose. The ICO provided some information but relied on section 42(1) of FOIA – legal professional privilege and section 44(1) of FOIA – prohibitions on disclosure to withhold some of the information. The Commissioner’s decision is that the ICO has correctly applied section 42(1) and that the public interest favours not disclosing the information. He has also concluded that section 44(1) has been correctly cited. The Commissioner does not require further steps.