L and Lothian Health Board: SIC 12 Oct 2010

Statistical information on complications and injuries associated with forceps delivery – Mrs L requested from Lothian Health Board (NHS Lothian) statistical evidence on specific complications and injuries associated with forceps delivery to newborns and mothers at the Simpson Centre for Reproductive Health (SCRH). NHS Lothian responded by explaining that the information requested was not recorded outwith individual medical files, that it could not be disclosed without breaching the data protection principles and that consequently it was exempt under section 38 of FOISA. Additionally, NHS Lothian claimed that to provide the information would involve a level of work which would exceed the andpound;600 limit set for the purposes of section 12(1) of FOISA. Following a review, Mrs L remained dissatisfied and applied to the Commissioner for a decision.
Following an investigation, the Commissioner found that NHS Lothian had dealt with Mrs L’s request for information in accordance with Part 1 of FOISA, as the Commissioner accepted that the cost of complying with the request would exceed the specified cost limit and that NHS Lothian was therefore not obliged to comply with the request.

Citations:

[2010] ScotIC 178 – 2010

Links:

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Scotland, Information

Updated: 08 September 2022; Ref: scu.433906