The complainant requested information from The NHS Commissioning Board (NHS England) relating to a number of letters that the National Data Guardian had advised would be sent from NHSX to organisations to highlight data protection concerns. NHS England had failed to provide a substantive response by the date of this notice. The Commissioner’s decision is that NHS England failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires NHS England to take the following steps to ensure compliance with the legislation. Issue a substantive response, in accordance with its obligations under the FOIA, to the request. NHS England must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
FOI 10: Complaint upheld
Citations:
[2021] UKICO IC-93227
Links:
Jurisdiction:
England and Wales
Information
Updated: 17 October 2022; Ref: scu.662955