The complainant requested information from Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust (‘the Trust’) about a survey carried out by users of the Northern Region Gender Dysphoria Service (‘NRGDS’). The Trust provided some information, but stated that the survey results were exempt from disclosure under section 40(2) of the FOIA – third party personal data. Subsequently, the Trust stated that it also considered the survey results to be exempt under section 36(2) of the FOIA – prejudicial to the effective conduct of public affairs, and/or section 38(1) of the FOIA – endangering health and safety. The Commissioner’s decision is that some parts of the withheld information comprise special category personal data, and were correctly withheld under section 40(2). She has also determined that the remainder of the information is exempt from disclosure under section 36(2)(c). The Commissioner does not require the Trust to take any steps.
FOI 36: Complaint not upheld FOI 40(2): Complaint not upheld
Citations:
[2020] UKICO IC-43395-T5Z8
Links:
Jurisdiction:
England and Wales
Information
Updated: 23 October 2022; Ref: scu.656119