Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Public Health England (Health) [2018] UKICO fs50713226 (17 September 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50713226.html
Cite as: [2018] UKICO fs50713226

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Public Health England

The complainant has requested information associated with the role of Public Health England (PHE) in the response to the Ebola crisis in 2014-2015. PHE released a little information, indicated that it does not hold the majority of the information and said that other information is exempt from release under section 24(1) of the FOIA (national security) and 40(2)(third person personal data). The Commissioner’s decision is as follows: PHE breached section 1(1)(a) with regard to requests 1.1, 1.2, 1.3, 1.4, 3, 5 and 7 because it had indicated that it held no information within the scope of these requests. PHE breached section 1(1)(a) with regard to request 8 as it indicated that it held relevant information when it does not. PHE complied with section 1(1)(a) with regard to request 6. PHE breached section 1(1)(b) with regard to requests 1.1, 1.2, 1.4, 3, 5 and 7 as it has not communicated to the complainant all the information that it has subsequently identified that it holds that falls within the scope of these requests. On the balance of probabilities, PHE holds no further information falling within the scope of the complainant’s requests. PHE breached section 10(1) with regard to requests 1.1, 1.2, 1.4, 3, 5, 6, 7, and 8 as it did not comply with section 1(1) within the required timescale. PHE beached section 17(1) with regard to requests 1.3, 2 and 7 as it did not issue the complainant with an appropriate refusal notice. PHE breached section 17(3) with regard to requests 1.3 and 2 because its refusal to disclose related information under a Part II exemption did not discuss the associated public interest arguments. The information requested in request 1.3 and request 2 is exempt from release under section 24(1) of the FOIA and the public interest favours maintaining the exemption. The Commissioner requires PHE to take the following step to ensure compliance with the legislation: Release the information that PHE holds that falls within the scope of requests 1.1, 1.2, 1.4, 3, 5 and 7 – namely: numbers, dates, results; the Access Guidelines and Application Form document; the appropriate select committee hearing information and ‘Lessons Identified Oversight’ document; and the Material Transfer Agreement and Ebola Governance Group Terms of Reference document (with personal data redacted as appropriate).

FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 24: Complaint not upheld FOI 1: Complaint upheld

Decision notice: fs50713226