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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department for Work and Pensions (Decision Notice) [2013] UKICO FS50435720 (12 February 2013)
URL: http://www.bailii.org/uk/cases/UKICO/2013/FS50435720.html
Cite as: [2013] UKICO FS50435720
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Department for Work and Pensions (Decision Notice) [2013] UKICO FS50435720 (12 February 2013)
Summary: The complainant requested the qualifications and credentials of those involved in the administrative and medical reviews of incapacity benefit assessments. The Department for Work and Pensions (the -˜DWP-™) argued that it did not hold the information. In the alternative it argued that the information was exempt under sections 40(2) and 43(2) of the FOIA. The Commissioner has found that the DWP holds the qualifications of the doctors but it does not hold the qualifications of the administrative assessors. The Commissioner considers the doctors-™ qualifications to be their personal data. Moreover he is satisfied that disclosure would be unfair and would therefore breach the first data protection principle. Therefore the DWP was correct to refuse to provide the doctors-™ qualifications on the basis that they are exempt under section 40(2) of the FOIA. The Commissioner has suggested that as a matter of good practice the DWP should consider making further general information publicly available about the minimum qualification requirements for those involved in incapacity benefit assessment reviews but no remedial steps are required.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld