Information Commissioner's Office

Department of Health

22 December 2008, Central government

The complainant made a request to the Department of Health (the “DoH”) for copies of the minutes of the ”Adverse Reactions Committee” from the period January 1986 to December 1992. The DoH provided a redacted copy of these minutes and informed the complainant that information had been withheld under sections 40 and 43. At internal review the DoH also cited section 41. During the course of the investigation the DoH informed the Commissioner that it was also relying upon sections 36 and 38. After investigating the case the Commissioner decided that although section 36 was engaged, the public interest in maintaining the exemption did not outweigh the public interest in disclosure. He also decided that sections 38, 41 and 43 were not engaged. He also decided that section 40 did not provide an exemption from disclosure. Finally, he also found that the DoH had not complied with the requirements of sections 17(1), 17(1)(b) and 17(1)(c). Information Tribunal appeal EA/2009/0005 has been withdrawn.

FOI 10: Upheld FOI 17: Upheld FOI 36: Upheld