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You are here: BAILII >> Databases >> Information Commissioner's Office >> Rotherham NHS Foundation Trust (Decision Notice) [2012] UKICO FS50427343 (12 July 2012)
URL: http://www.bailii.org/uk/cases/UKICO/2012/FS50427343.html
Cite as: [2012] UKICO FS50427343
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Rotherham NHS Foundation Trust (Decision Notice) [2012] UKICO FS50427343 (12 July 2012)
Summary: The complainant requested information contained within referrals made by Rotherham NHS Foundation Trust (the Trust) to the General Medical Council (GMC) concerning a named individual and the outcome of those referrals. He also asked what information the Trust had shared with another NHS organisation where the named individual was subsequently employed. Finally, he asked for details of compensation payments made by the Trust relating to procedures carried out by the named individual. The Commissioner-™s decision is that section 31(1)(g) with section 31 (2)(b) and section 31 (2)(j) of the Freedom of Information Act 2000 (FOIA) were not engaged in relation to any of the withheld information. The Commissioner considers that section 36(2)(c) of the FOIA was engaged in relation to the information contained within the referrals made by the Trust to the GMC and the information the Trust provided to the NHS organisation where the named individual was subsequently employed. He considers that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. In relation to the information outlining the outcome of the GMC-™s investigation the Commissioner draws a distinction between the information that confirms the outcome of the GMC-™s investigation and certain details of what was taken into account as part of the investigation, and the remainder of the information contained within the GMC-™s letter to the Trust. The Commissioner does not consider that section 40(2) with section 40(3)(a)(i) of the FOIA applies to the information confirming the outcome of the GMC-™s investigation and certain details of what was taken into account as part of the investigation. In relation to the remainder of the information the Commissioner considers that section 40(2) with section 40(3)(a)(i) of the FOIA applies as disclosure of the information to the public otherwise than under the FOIA would breach the Data Protection Act 1998 (DPA). The Commissioner requires the public authority disclose the information identified in confidential annex B to the complainant. Information Tribunal appeal number EA/2012/0145 dismissed.
Section of Act/EIR & Finding: FOI 31 - Complaint Upheld, FOI 36 - Complaint Not upheld, FOI 40 - Complaint Partly Upheld