Department For Education (DFE)

The complainant has requested information about a referral to the Teaching Regulation Agency (‘TRA’). The Department for Education (“the public authority”) refused to confirm or deny the requested information was held, citing section 40(5B) (personal information) of FOIA. The Commissioner’s decision is that to confirm or deny the information is held would be a breach of the data protection principles and so the public authority was correct to cite section 40(5). The Commissioner does not require further steps.