Summary: The complainant has requested when an individual Doctor at the -˜the Docs-™ practice was absent between two dates. The practice (on its doctors-™ behalf) replied that it consider that the request was vexatious and applied section 14(1) to it. The complaint was made to the Commissioner. During the course of his investigation, the practice also applied section 40(2) [third party personal data]. The Commissioner finds that section 14(1) was applied inappropriately and that a reasonable public authority could not find the request vexatious. However, he has found that section 40(2) [third party personal data] was appropriately applied in this case. He has also found procedural breaches under section 17(1) and 17(1)(b). He requires no remedial steps to be taken in this case because they are not possible to remedy through remedial steps.
Section of Act/EIR & Finding: FOI 14 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld