The Information Commissioner's Office (ICO) has issued a decision notice (IC-405867-Z5Z8) concerning a Freedom of Information (FOI) request made to the Department for Education (DFE). The DFE had refused to confirm or deny the existence of information related to a referral to the Teaching Regulation Agency, citing section 40(5B) of the FOIA (personal information). The ICO's decision is that confirming or denying the information's existence would breach data protection principles, thus validating the DFE's refusal under section 40(5).

This decision confirms that public authorities can refuse to confirm or deny the existence of personal data if doing so would itself constitute a breach of data protection principles. No further steps are required from the DFE. This ruling is relevant for public authorities handling similar FOI requests where personal data is involved, reinforcing the balance between transparency and data privacy.