Information Commissioner's Office

Summary: A request was made for a copy of the report of an independent inquiry panel set up to address concerns about the clinical governance of East Sussex Hospitals NHS Trust. The Trust provided a redacted copy, arguing that the withheld information was exempt under section 40 (Personal Data) and that part was subject to a section 10 notice under the Data Protection Act 1998. The Commissioner has found that there was some delay by the Trust in responding to the request in accordance with the Act, and so he has decided that the Trust failed to comply with its obligations under section 10, section 17 and section 1 in respect of some information. However, he has also decided that the Trust was justified in relying on section 40 in respect of the redacted material, other than the small amount of redacted material referred to on page 4 of the report which he considers was not personal data.
Section of Act/EIR & Finding: FOI 1 - Complaint Partly Upheld, FOI 10 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Partly Upheld