Lothian Health Board (NHS Lothian) was asked for contract information relating to the construction of the new Royal Hospital for Sick Children and the adjacent Department of Clinical Neurosciences. NHS Lothian withheld some of the information requested on the basis that it was exempt in terms of various provisions of FOISA.
The Commissioner found that NHS Lothian had considered the request under the wrong legislation. The requested information was environmental information and so NHS Lothian should have considered it under the Environmental Information (Scotland) Regulations 2004 (the EIRs).
The Commissioner required NHS Lothian to respond to the request under the EIRs.
Citations:
[2017] ScotIC 013 – 2017
Links:
Jurisdiction:
Scotland
Information
Updated: 28 July 2022; Ref: scu.578902