The complainant has requested copies of information exchanged in correspondence between the Nursing and Midwifery Council (NMC) and two nursing homes about which he had submitted a complaint. The NMC stated that the information, if held, would engage either section 40 or 42 of the FOIA. The Commissioner’s decision is that the NMC has incorrectly applied section 40(2) of the FOIA to the request. However, the Commissioner has decided that under section 40(5)(b)(i) of the FOIA, the NMC is not obliged to confirm or deny that it holds the requested information as to do so would release the personal data of third party individuals. Information Tribunal appeal EA/2018/0023 allowed

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