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You are here: BAILII >> Databases >> Information Commissioner's Office >> Berkshire Healthcare NHS Foundation Trust (Health) [2018] UKICO fs50736845 (4 September 2018)
URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50736845.html
Cite as: [2018] UKICO fs50736845
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Berkshire Healthcare NHS Foundation Trust
The complainant has requested information relating to complaints made about nurses and also all their places of work within Berkshire Healthcare NHS Foundation Trust (the Trust). The Trust said that the requested information is exempt from release under section 40(2) of the FOIA as it is the personal data of the nurses named in the request. The Commissioner considers that the Trust incorrectly applied section 40(2) of the FOIA to the portion of the request concerning complaint data. The Commissioner has decided that under section 40(5)(b)(i) of the FOIA, the Trust is not obliged to confirm or deny that it holds the requested information as to do so would release the personal data of third parties. In regard to the portion of the request concerning places of work, the Trust reconsidered its position and released the information to the complainant outside of the FOIA. The Commissioner does not require any steps to be taken.FOI 40(5) (1): Complaint not upheld FOI 40(2): Complaint not upheld
Decision notice: fs50736845