Metropolitan Police NCND FOI 40 Complaint Not Upheld

The ICO has issued a Decision Notice finding that the Metropolitan Police Service was entitled to neither confirm nor deny whether a named individual worked for them when responding to a Freedom of Information request. The MPS cited section 40(5B)(a)(i) of FOIA, which protects personal data relating to third parties. The ICO agreed the NCND response was appropriate.\n\nAffected parties who submit FOI requests to public authorities should note that public bodies may legitimately use NCND responses where confirming or denying existence of information would itself reveal personal data about third parties. This Decision Notice confirms that such responses, when properly applied under section 40(5B)(a)(i), will not be overturned by the ICO.