The Financial Conduct Authority

1.    The complainant has requested information relating to an FCA investigation into Collateral UK and whether certain companies were involved in the investigation. The FCA relied on section 30(3) FOIA to neither confirm nor deny whether it held the requested information. The Commissioner’s decision is that the FCA is entitled to rely on section 30(3) to neither confirm nor deny if the information at parts 1-3 is held. For part 4 of the request the Commissioner does not consider that the FCA was entitled to neither confirm nor deny whether it held the requested information. The Commissioner therefore requires the FCA to issue a fresh response to part 4 of the request which confirms or denies if the requested information is held. If the requested information is held, it should either be disclosed or the FCA should issue a fresh refusal notice explaining why it is exempt from disclosure.