Summary: The complainant requested the legal advice given to the Department of Health (DoH) regarding the proposed implementation of the NHS database (the -˜Spine-™). His request was declined by the DoH relying on the section 42(1) exemption concerning legal professional privilege. The Commissioner has considered the application of this exemption and is satisfied that the public authority has applied the section 42(1) exemption correctly and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Information Tribunal appeal number EA/2009/0071 has been dismissed.
Section of Act/EIR & Finding: FOI 42 - Complaint Not upheld