ICO The complainant requested information relating to the Minister’s decision not to hold an enquiry into the suspension of an NHS employee. The public authority did not provide a substantive response for over six months, and then only released some information whilst redacting further information, citing the exemptions at sections 40 (third party personal data) and 42 (legal professional privilege) of the FOI Act. The Commissioner has decided that, for the majority of redactions under section 40 and all the redactions under section 42, the public authority applied the Act correctly. However his decision is that, in a minority of instances, the public authority redacted information under section 40 that should not have been withheld. Accordingly, the Commissioner requires the public authority to release some extra information to the complainant. The Commissioner further finds that the public authority also breached sections 10 (time for compliance) and 16 (duty to provide advice and assistance) of the Act.
Section of Act/EIR and Finding: FOI 50 – Complaint Partly Upheld, FOI 42 – Complaint Upheld, FOI 10 – Complaint Upheld, FOI 16 – Complaint Upheld
Citations:
[2006] UKICO FS50083791
Links:
Jurisdiction:
England and Wales
Information
Updated: 13 July 2022; Ref: scu.533588
