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You are here: BAILII >> Databases >> Information Commissioner's Office >> United Lincolnshire Hospitals NHS Trust (Health) [2022] UKICO 109644 (15 September 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/109644.html
Cite as: [2022] UKICO 109644
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United Lincolnshire Hospitals NHS Trust
The complainant has made a three part request for information relating to babies that were born at the Pilgrim Hospital in Boston with Erb’s Palsy (otherwise known as brachial plexus injury). United Lincolnshire Hospitals NHS Trust (the Trust) withheld the requested information under section 40(2) of FOIA on the basis that it is third party personal data, and its disclosure would breach data protection law. The Commissioner’s decision is that the Trust is not entitled to rely on section 40(2) to withhold the information requested under part one of the request for information, and therefore breached section 1 of FOIA by failing to provide it. However, the Commissioner has decided that the Trust is entitled to rely on section 40(2) of FOIA to withhold the information requested under parts two and three of the request. The Commissioner has also recorded a procedural breach of section 17 of FOIA, as the Trust failed to issue the complainant with a refusal notice in respect of parts two and three of the request within the statutory time limits. The Commissioner requires the public authority to take the following step to ensure compliance with the legislation: Disclose the information requested in part one of the complainant’s request for information. 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 FOIA and may be dealt with as a contempt of court.FOI 17: Complaint upheld FOI 40(2): Complaint partly upheld FOI 1: Complaint upheld
Decision notice: 109644