Summary: The complainant has requested information held in a named GP-s appraisal regarding a complaint he had made about that GP. The request was considered under the Data Protection Act 1998 (the -DPA-) and then under the FOIA. Under the DPA, the NHS North Lancashire Teaching Primary Care Trust (the -PCT-) informed the complainant that the GP-s appraisal did not contain his personal data. Under the FOIA, the PCT confirmed that the appraisal was the personal data of the GP. It therefore applied section 40(2) of the FOIA to this request. The Commissioner-s decision is that the PCT has correctly refused this request under section 40(2) of the FOIA. He does not require any further steps to be taken.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld