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Information Commissioner's Office

You are here: BAILII >> Databases >> Information Commissioner's Office >> NHS Business Services Authority (Health) [2019] UKICO fs50832217 (7 October 2019)
URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50832217.html
Cite as: [2019] UKICO fs50832217

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NHS Business Services Authority

The complainant has requested information about the dispensing of Stiripentol. The NHS Business Services Authority (the NHSBSA) refused to provide some of the requested information citing the exemptions under section 40(2) (third party personal data) and section 41(1) (information provided in confidence) of the FOIA as its basis for doing so. The Commissioner’s decision is that the NHSBSA has incorrectly applied section 40(2) and section 41(1) of FOIA to the withheld information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: to disclose columns B and C - the dispenser details where the total number of items fell below 5. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 40: Complaint upheld FOI 41: Complaint upheld

Decision notice: fs50832217