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      • It is good practice to explain, if you can, why you consider that you do not hold the requested information. Clearly demonstrating why you do not hold a particular piece of information means the requester is less likely to ask for an internal review or complain to the ICO.
      ico.org.uk/for-organisations/foi/freedom-of-information-and-environmental-information-regulations/determining-whether-we-hold-information/
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  2. You dont have to confirm or deny holding the requested personal information when: it is the requester’s personal data and you’re handling the request under FOIA; or. it is a third party’s personal data; and. confirming or denying would contravene the data protection principles; or.

  3. You should let the requestor know that you do not hold the information and let them know which other public authority may have what they are looking for. If you are able to provide contact details for the other public authority then it is best practice to provide them to the requestor.

  4. You should issue a refusal notice under FOIA refusing to confirm or deny that you hold the requested information. You should cite section 40(5A) and explain how you have decided that the requested information is, or would be if it were held, the requester’s personal data.

  5. Jun 11, 2021 · Under the Freedom of Information Act, you have the right to ask public authorities for information. If they hold the information you’ve requested, in most cases they must release it. ‘If they hold it ’ is a key point: of course, if the body doesn’t have the data you’re asking for, they can’t provide it, and accordingly, as permitted ...

  6. Jun 27, 2023 · You must comply with any formal request that you receive from a statutory public inquiry or explain to the inquiry why you cannot provide the information requested, for example, you do not hold the requested information.

  7. If you are refusing all or part of the request, you will normally still have to confirm whether you hold (further) information. You do not need to give a description of this information; you only have to say whether you have any (further) information that falls within the scope of the request.

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