Met Police NCND Deceased Nazi, Security Exemption Upheld

The ICO's Decision Notice upholds the Metropolitan Police Service's refusal to confirm or deny holding information requested about a deceased Nazi sympathiser. The MPS cited multiple FOIA exemptions including section 23(5) (information supplied by security bodies), section 24(2) (national security), section 30(3) (criminal investigations), section 31(3) (law enforcement), and section 40(5B)(a)(i) (personal information). The ICO found section 23(5) was correctly applied, meaning the MPS had no obligation to confirm or deny the existence of any responsive records.\n\nPublic authorities handling similar FOIA requests involving security bodies, criminal investigations, or potentially sensitive personal data should ensure their NCND responses are properly calibrated to the statutory exemptions. While the section 23(5) exemption was decisive here, the concurrent citation of sections 24, 30, 31, and 40 signals the breadth of grounds available to protect law enforcement information under FOIA. Entities should document the specific exemption basis for NCND responses to withstand ICO scrutiny.