Independent Office for Police Conduct (IOPC)

The complainant has requested information relating to the death of an individual. The Independent Office for Police Conduct (IOPC) neither confirmed nor denied (NCND) whether it held the information, citing section 40(5B)(a)(i) (Personal information of third parties) of FOIA. The Commissioner’s decision is that, if held, the information would comprise the complainant’s own personal data. The IOPC was therefore entitled to rely on section 40(5A) (Personal data of the applicant) of FOIA to NCND whether it holds the requested information.