The complainant made a number of requests in relation to 32 patients who were under the care of the public authority in 2004/2005. After considering the case, the Commissioner found the public authority had incorrectly confirmed that some of the information was held in breach of section 1(1)(a). The Commissioner also found that some of the limited information which could have been disclosed as a result was in any event correctly withheld by virtue of the provisions of section 12(2). The Commissioner did however find the public authority in breach of sections 17(1)(a), (b), and (c) and 17(5) of the Act. In respect of specific parts of the requests, the Commissioner also found that the exemptions at sections 40(1) and (5)(a) should have been applied by virtue of the fact that any information in relation to these requests if held by the public authority would constitute the complainant’s personal data.
Section of Act/EIR and Finding: FOI 1 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld
Citations:
[2009] UKICO FS50158446
Links:
Jurisdiction:
England and Wales
Information
Updated: 08 April 2022; Ref: scu.531995