The First Tier Tribunal (Information Rights) has upheld a decision of the ICO that a Council was right to refuse to confirm or deny whether it held any information on the mental health of the applicant’s neighbours, pursuant to the ‘confirm or deny’ exception in section 40(5) (b)(i) Freedom of Information Act 2000 (FOIA). The Council had said that confirmation of the position in respect of one neighbour but a failure to confirm in respect of another would amount to an admission that it held relevant data in respect of the latter, in breach of data protection principles. The Tribunal agreed.

Michael Goodall v ICO