Information Commissioner's Office

Cambridge University Hospitals NHS Foundation Trust

18 July 2016, Health (NHS)

The complainant has requested the contract for the appointment of a strategic business partner for pathology services, together with information on the selection process and any revisions made to the contract. The Cambridge University Hospitals NHS Foundation Trust (the Trust) provided information regarding the selection process but withheld the contract and any revisions to it, under the exemptions provided by section 43(1) – trade secrets, and 43(2) – prejudice to commercial interests. The Commissioner’s decision is that the Trust has failed to demonstrate that any of the withheld information constitutes a trade secret and therefore the Commissioner finds section 43(1) does not apply.  Although some of the withheld information attracts the exemption provided by section 43(2), a very significant proportion of it does not. However, a limited amount of the remaining information is third party personal data which can be withheld under section 40(2). The Commissioner requires the public authority disclose the information identified in the confidential annex.

FOI 40: Not upheld FOI 43: Partly upheld