Information Commissioner's Office

Walsall NHS Teaching Primary Care Trust

13 December 2007, Health (NHS)

The complainant initially made a request to view the medical records of a deceased person. This request was dealt with under the Access to Health Records Act 1990 and the public authority refused to provide the information. The complainant made a second request asking for full access to the records held by the Trust about the deceased person. The public authority declined to disclose the information relying upon the section 41 exemption. In not dealing with the initial request under the Freedom of Information Act 2000 the public authority did not issue an adequate refusal notice and therefore breached section 17. However the Commissioner has concluded that the information was exempt by virtue of section 41 exemption. An appeal was made to the Tribunal but later withdrawn.

FOI 17: Upheld