NHS Information Centre (Decision Notice): ICO 9 Nov 2009

The complainant requested information from an entry on the national register that was established under the National Registration Act 1939. Specifically he asked for information relating to a particular address, and the records of the people listed there. The public authority confirmed that it held information relevant to the request, but withheld it under sections 22, 40 and 41. During the course of the Commissioner’s investigation the public authority informed him that it was no longer relying upon sections 22 and 41, and was only relying upon sections 40(2) and 40(3)(a)(i). It also informed him that some of the withheld information related to deceased people. After investigating the case the Commissioner decided that the information relating to deceased people should be disclosed to the complainant. However, he also decided that the information relating to living individuals should be withheld under sections 40(2) and 40(3)(a)(i). The Commissioner also found that the NHSIC failed to meet the requirements of sections 1(1)(b), 10(1) and 17(1)(b). Information Tribunal appeal number EA/2009/0109 has been dismissed.
Section of Act/EIR and Finding: FOI 10 – Complaint Upheld, FOI 17 – Complaint Upheld, FOI 40 – Complaint Partly Upheld

[2009] UKICO FS50248664
Bailii
England and Wales

Information

Updated: 18 January 2022; Ref: scu.532351