Information Commissioner's Office

Nursing and Midwifery Council

24 November 2008, Health (Other)

The complainant requested information which, if held, would have included statements that had been provided by named nurses to the Nursing and Midwifery Council (the “NMC”) during its investigation of fitness to practise complaints. The public authority responded in accordance with the provision of section 1(1)(a) (it confirmed or denied it held the information requested). After considering the case, the Commissioner’s decision is that the public authority was excluded 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 personal data of the named nurses. The Commissioner does not require the public authority to take any steps in relation to the complainant’s request.

FOI 40: Not upheld