Secretary of State for the Home Department (Home Office)

The complainant requested signed data-sharing agreements between the Home Office and three named delivery companies. The Home Office initially responded by saying that the information in scope of the request was exempt from disclosure on the basis of section 31(1) (law enforcement) of FOIA. The Home Office ultimately disclosed some information, withholding a small amount citing sections 31, 43(2) (commercial interests) and 40(2) (personal information) of FOIA. However, it transpired that this information was not actually available at the time of the request. Accordingly, the Commissioner’s decision is that, on the balance of probabilities, the Home Office does not hold any information falling within the scope of this request. In failing to confirm or deny holding the requested information when it was required to do so the Commissioner finds a breach of section 1(1)(a). The Commissioner requires no steps to be taken as a result of this decision.