Information Commissioner's Office

Nursing and Midwifery Council

15 October 2008, Health (Other)

The complainant requested a statement that had been provided by a named nurse to the public authority. The public authority responded in accordance with the provisions of section 1(1)(a) (it confirmed or denied it held the information requested). After considering the case, the Commissioner finds 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) (exclusion from the duty to confirm or deny a public authority holds third party personal data) because in responding to the request, it had to disclose information which constitutes the personal data of the named nurse. The Commissioner does not require the public authority to take any steps in relation to the complainant’s request. This decision notice is currently under appeal to the Information Tribunal.

FOI 40: Not upheld