19 May 2015, Health (NHS)
The complainant has requested information about a panel hearing regarding Continuing Healthcare retrospective funding arrangements for a deceased individual. NHS North Tyneside Clinical Commissioning Group (‘CCG’) refuses to provide the requested information. It says the information is the personal data of a third person and exempt from disclosure under section 40(2) of the FOIA. The Commissioner’s decision is that the requested information is not personal data and is consequently not exempt under section 40(2). In the particular circumstances of this case, the Commissioner took the decision to proactively consider section 41(1) of the FOIA (information provided in confidence) in relation to this request. He has concluded that the information can be withheld from disclosure on the basis of this exemption because it is information provided in confidence. The Commissioner does not require the public authority to take any further steps.
FOI 41: Not upheld