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You are here: BAILII >> Databases >> Information Commissioner's Office >> Nursing and Midwifery Council (Health) [2018] UKICO fs50664599 (6 February 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50664599.html
Cite as: [2018] UKICO fs50664599
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Nursing and Midwifery Council
The complainant has requested copies of information exchanged in correspondence between the Nursing and Midwifery Council (NMC) and two nursing homes about which he had submitted a complaint. The NMC stated that the information, if held, would engage either section 40 or 42 of the FOIA. The Commissioner’s decision is that the NMC has incorrectly applied section 40(2) of the FOIA to the request. However, the Commissioner has decided that under section 40(5)(b)(i) of the FOIA, the NMC is not obliged to confirm or deny that it holds the requested information as to do so would release the personal data of third party individuals. The Commissioner does not require the public authority to take any steps. This decision notice is currently under appeal to the Tribunal.FOI 40: Complaint not upheld
Decision notice: fs50664599