ICO The complainant submitted a request to Cornwall Council (‘the Council’) for details regarding the decision to place an individual (since deceased) into care. The Council provided some information but refused to disclose other information on the basis that it constituted part of the deceased’s health records. It informed the complainant that the information would be available to specific individuals under the Access to Health Records Act 1990 rather than the Freedom of Information Act 2000 (‘the Act’). The Commissioner decided that section 41 of the Act was engaged and that the information should not be disclosed. The Commissioner also found a number of procedural breaches in the Council’s handling of the request but requires no steps to be taken.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 41 – Complaint Not upheld
[2010] UKICO FS50263353
Bailii
England and Wales
Information
Updated: 12 December 2021; Ref: scu.531431
