Personal data – On 23 February 2015, Mr P asked Borders Health Board (NHS Borders) for information relating to his treatment.
NHS Borders provided Mr P with some information, informing him that other information had been routinely destroyed. NHS Borders withheld some information, either because it believed it to be legally privileged or because it was Mr P’s own personal data. It explained that the personal data could be requested under the DPA. Following a review, Mr P remained dissatisfied and applied to the Commissioner for a decision.
During the Commissioner’s investigation, NHS Borders recognised that the information requested was Mr P’s personal data and therefore exempt from disclosure under FOISA. It also acknowledged that some of the withheld information did not actually fall within the scope of Mr P’s request.
The Commissioner was satisfied that this approach was appropriate in the circumstances. She found that NHS Borders should have considered the scope of the request more carefully before responding to Mr P and (with a view to providing Mr P with reasonable, relevant advice and assistance) considered more carefully the implications of the information being his personal data.
Given NHS Borders’ responses during the investigation, she did not require it to take any action in this case.
[2015] ScotIC 163 – 2015
Bailii
Scotland
Information
Updated: 05 January 2022; Ref: scu.554159