SIC Childhood leukaemia statistics in Dumfries and Galloway – This decision replaces Decision 021/2005 Michael Collie and the Common Services Agency for the Scottish Health Service issued by the Commissioner in August 2005.
In 2005, shortly after the Freedom of Information (Scotland) Act 2002 (FOISA) came into force, Mr Collie made an information request to the Common Services Agency for the Scottish Health Service (the CSA) for childhood leukaemia statistics for the Dumfries and Galloway area. The CSA refused to disclose the statistics on the basis that the disclosure could lead to the identification of the children involved. The Commissioner agreed that disclosure would lead to identification, and instead required the CSA to disclose the statistics, but in a way which was designed to protect against identification of individuals.
The CSA appealed the Commissioner’s decision to the Court of Session and then to the House of Lords. The House of Lords allowed a number of the CSA’s grounds of appeal, quashed the decision and remitted the case back to the Commissioner for further investigation.
Following further investigation, the Commissioner found that the CSA partially failed to deal with Mr Collie’s request for information in accordance with Part 1 of FOISA. While he agreed that the information which was the subject of Mr Collie’s information request was exempt under section 38(1)(b) of FOISA, on the basis that the statistics in question were sensitive personal data, the disclosure of which would breach the first data protection principle, he also found that the CSA failed to comply fully with the duty under section 1(1) of FOISA by failing to provide the statistical information to Mr Collie in a form which would not lead to the identification of the individuals in question, when such disclosure was possible. The Commissioner has agreed with the CSA the form in which this information should be disclosed.
Citations:
[2005] ScotIC 021 – 2005
Links:
Scotland, Information
Updated: 08 September 2022; Ref: scu.433801