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The response
The response
On 12 August 2024 the School responded to the request. It disclosed the information in part 1 of the request but refused to confirm or deny whether it held the information requested in part 2 relying on s 40(5B)(a)(i) FOIA. It upheld the position on internal review on 4 August 2024. The requestor referred the matter to the Commissioner on 21 October 2024.
- Heading
- Introduction
- Factual background to the appeal
- Request, decision notice and appeal
- The response
- The Decision Notice
- Notice of Appeal
- The Commissioner’s response
- Legal framework
- The role of the tribunal
- Issues
- Discussion and conclusions
- Would confirming or denying that the requested information was held constitute the disclosure of a third party’s personal data?
- Is a third party pursuing a legitimate interest or interests?
- Is the confirmation or denial necessary for the purposes of those interests?
- Are the legitimate interests overridden by the interests or fundamental rights and freedoms of the data subject?
- Next steps