Information Commissioner's Office

Hywel Dda University Health Board

5 November 2015, Health (NHS)

The complainant submitted a number of requests to Hywel Dda University Health Board (‘the Health Board’) relating to his removal from a list of registered NHS professionals. The Health Board provided some information, stated other information was not held and applied sections 12 and 14 of the FOIA to other requests. During the course of the Commissioner’s investigation, the Health Board acknowledged that some requests were for the complainant’s own personal data and advised that it had provided information relevant to these requests. The Health Board also withdrew reliance on sections 12 and 14 of the FOIA and introduced reliance on section 40(2) in relation to some information and section 42 in relation to another request. The Commissioner’s decision is that, on the balance of probabilities, the Health Board does not hold any additional information other than that which it has disclosed (and the remaining withheld information). The Commissioner has also found that the remaining withheld information is exempt from disclosure under sections 40(1) and 40(2) of FOIA as it contains the personal data of the complainant and the personal data of third parties. The Commissioner does not require any steps to be taken.

FOI 40: Not upheld FOI 42: Not upheld