Summary: The complainant requested information about a report produced for the National Health Service (NHS) Appointments Commission. The Department of Health refused to disclose the information, citing section 40(1) (personal data of applicant) and section 40(2) (third party personal data) of the FOIA as its basis for doing so. Following an internal review, the Department disclosed some of the previously withheld information but maintained its position on the remainder, applying the condition under section 40(3)(a)(i) (breach of the data protection principles). The Commissioner-™s decision is that the Department of Health is correct to withhold the information under section 40(2) by virtue of section 40(3)(a)(i). The Commissioner does not require the public authority to take any further action.
Section of Act/EIR & Finding: FOI 40 - Complaint Not upheld