The complainant has requested information relating to a block of commercial flats from Barnsley Metropolitan Borough Council (“the council”). The council refused to provide some information applying sections 40(2) (personal data). It also refused to confirm or deny whether it holds other information on the basis that section 40(5B) (personal data) and 38(2) (health and safety) applied. The Commissioner’s decision is that the council was correct to apply section 38(2) of FOIA to neither confirm nor deny whether relevant information is held by it. He has also decided that two of the complainant's requests relate to information which is not held by the council for the purposes of section 1 of FOIA. However, during the course of the Commissioner's investigation the council agreed to disclose information in respect of part 1 of the request to the complainant. The Commissioner therefore requires the council to disclose the information in relation to part 1 to the complainant.