Information Commissioner's Office

Plymouth Teaching Primary Care Trust

11 December 2008, Health (NHS)

The complainant made three requests (dated 14, 15 and 16 May 2007) under the Freedom of Information Act 2000 (the “Act”) to the Plymouth Teaching Primary Care Trust (the “Trust”) for correspondence and other information relating to suspensions from the Trust. The Trust dealt with the request of 14 May 2007 under the Data Protection Act 1998 (the “DPA”) and therefore this request was not considered under the Act. In relation to the request dated 15 May 2007, the Trust responded to the requirement of section 1(1)(a) of the Act in confirming or denying whether the information was held. In relation to the request of 16 May 2007 the Trust applied section 12 as it explained that the cost of providing the information would exceed the cost limit. Furthermore the Trust sought to rely upon the exemption contained at section 40(2) of the Act as it stated that to provide the information requested would breach the data protection principles. The Commissioner concluded in relation to the request of 15 May 2007, that if the information was held it would be exempt for disclosure on the basis of section 40(1) of the Act and that the Trust was not obliged to confirm or deny whether or not the information was held by virtue of section 40(5) of the Act. The Commissioner believes that the Trust should have treated this request as a subject access request under section 7 of the DPA. In relation to the request of 16 May 2007 the Commissioner upheld the Trust’s application of section 12.

FOI 12: Not upheld FOI 16: Not upheld FOI 17: Upheld