Department for Work and Pensions (DWP)

The complainant has requested information on how to go about checking his national insurance credits, and related information. The Department for Work & Pensions (“the DWP”) refused the request, citing section 40(1) (Personal information) of FOIA. The Commissioner’s decision is that the request was not for the complainant’s personal data and that the DWP was not entitled to rely on section 40(1) of FOIA to refuse the request. He also finds that the DWP failed to comply with the provisions of section 1(1)(a) (General right of access) of FOIA. The Commissioner requires the DWP to take the following steps to ensure compliance with the legislation. Issue a fresh response to the request, which does not rely on section 40(1) of FOIA. The DWP should confirm or deny whether it holds recorded information falling within the scope of each point of the request. If recorded information is held, it should either be disclosed or a refusal notice issued which complies with section 17(1) of FOIA.