ICO Decision: Home Office Correct to Deny FOI Request

ICO Decision Notices

Filed February 26th, 2026

Detected March 6th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has ruled that the Home Office was correct to deny an FOI request concerning Kemi Badenoch by neither confirming nor denying holding the information, citing personal data exemptions. The decision upholds the Home Office's use of Section 40(5B) of the FOIA.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice (IC/40/6453/Z2K7) finding that the Home Office correctly applied Section 40(5B)(a)(i) of the Freedom of Information Act (FOIA) to refuse a request for information relating to Kemi Badenoch. The Home Office neither confirmed nor denied holding the information, citing the exemption for personal data. The ICO has not upheld the complaint, meaning no further steps are required from the Home Office.

This decision reinforces the application of personal data exemptions under FOIA for government bodies. For compliance officers within government agencies, this confirms that withholding information by neither confirming nor denying its existence is permissible when the information constitutes personal data. No immediate action is required by regulated entities, as this is a final decision on a specific case.

Source document (simplified)

Secretary of State for the Home Department (Home Office)

Date 26 February 2026
Sector Central government
Decision(s) FOI 40(5): Not upheld The complainant made a multi-part request for information relating to Kemi Badenoch. The Home Office would neither confirm nor deny (NCND) whether it held any information, citing section 40(5B) (Personal information) of FOIA. The Commissioner’s decision is that the Home Office was correct to rely on section 40(5B)(a)(i) of FOIA to issue an NCND response to all parts of the request. The Commissioner does not require further steps.