Dorset Police NCND Officer Info Not Upheld
Summary
The ICO issued a decision notice on 17 April 2026 regarding Dorset Police's application of section 40(5) FOIA. The complainant requested information about two named officers. Dorset Police neither confirmed nor denied (NCND) holding the requested information. The ICO determined that Dorset Police was correct to rely on section 40(5) of FOIA to NCND holding the requested information. The Commissioner does not require Dorset Police to take any further steps.
“The Commissioner does not require Dorset Police to take any further steps.”
Public authorities relying on section 40(5) FOIA neither-confirm-nor-deny responses should review their procedures against this ICO precedent. The decision confirms that section 40(5) can be correctly applied even for general requests about named officers, provided the information would engage the data subject rights contemplated by the exemption. FOI practitioners should document the basis for NCND responses carefully to withstand ICO scrutiny.
What changed
The ICO determined that Dorset Police correctly applied section 40(5) of FOIA when neither confirming nor denying whether it held information about two named officers requested under FOI. The decision is final and binding on Dorset Police, which is not required to take any further steps.
Public authorities handling similar information access requests should ensure their NCND responses under section 40(5) are properly calibrated to the nature of the information requested. ICO Decision Notices set precedent for how the exemption should be applied across the public sector and should be factored into FOI response procedures.
Archived snapshot
Apr 22, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Chief Constable Dorset Police
- Date 17 April 2026
- Sector Police and criminal justice
- Decision(s) FOI 40(5)(b): Not upheld The complainant has requested information about two named officers. Dorset Police neither confirmed nor denied (NCND) holding the requested information in accordance with section 40(5) of FOIA. The Commissioner’s decision is that Dorset Police was correct to rely on section 40(5) of FOIA to NCND holding the requested information. The Commissioner does not require Dorset Police to take any further steps.
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