The complainant made a request under the Freedom of Information Act 2000 to the Royal Orthopaedic Hospital NHS Foundation Trust for specific information relating to an incident involving a patient. The Trust confirmed or denied whether it held that information under section 1(1)(a) of the Act. After considering the case, the Commissioner’s decision is that the Trust was excluded even from its duty to respond to the request under section 1(1)(a) by virtue of the provisions of section 40(5)(b)(i) because, in responding to the request, it had to disclose information which constitutes sensitive personal data of the patient. The Commissioner does believe, however, that the Trust failed to meet the requirements of section 17(1). The Commissioner does not require the Trust to take any further steps in relation to the complainant’s request.
Section of Act/EIR and Finding: FOI 17 – Complaint Upheld, FOI 40 – Complaint Not upheld
 UKICO FS50259158
England and Wales
Updated: 22 January 2022; Ref: scu.532449