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You are here: BAILII >> Databases >> Information Commissioner's Office >> General Medical Council (Decision Notice) [2010] UKICO FS50277585 (25 May 2010)
URL: http://www.bailii.org/uk/cases/UKICO/2010/FS50277585.html
Cite as: [2010] UKICO FS50277585
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General Medical Council (Decision Notice) [2010] UKICO FS50277585 (25 May 2010)
Summary: The complainant asked for documentation relating to a complaint she made about two specified doctors. Some information was her personal data and was provided under the Data Protection Act (the -˜DPA-™). In relation to the remainder, after carefully 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) of the Freedom of Information Act (the -˜Act-™) by virtue of the provision of section 40(5)(b)(i) (exclusion from the duty to confirm or deny a public authority holds third party personal information) because in confirming or denying it held information, it would have to disclose to the public, information which would constitute third party personal data the release of which would breach the first data protection principle. He does find a breach of sections 17(1)(a) and 17(1)(b) because the public authority failed to specify that it was relying on the exclusion in relation to any information it may hold until the time of his investigation. He requires no remedial steps to be taken in this case.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld