Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> Department of Health and Social Care (Central government) [2022] UKICO 123460 (5 December 2022)
URL: http://www.bailii.org/uk/cases/UKICO/2022/123460.html
Cite as: [2022] UKICO 123460

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Department of Health and Social Care

The complainant has requested information from the Department of Health and Social Care (DHSC) about communications between Matt Hancock and another individual during a specified timeframe. The DHSC provided some information but withheld other information under section 40(2), section 43(2) and section 35(1)(d) of FOIA. During the Commissioner’s investigation the DHSC withdrew its reliance on section 43(2) and provided the information and the complainant accepted the application of section 35(1)(d). During the Commissioner’s investigation, the DHSC also cited section 14(1) regarding WhatsApp messages. The Commissioner’s decision is that the DHSC has not demonstrated that complying with the request in terms of the WhatsApp messages would impose a grossly oppressive burden and consequently it is not entitled to rely on section 14(1). However, he finds that the DHSC was correct in citing section 40(2). The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: Carry out the relevant searches and, having done so, provide a response to the complainant that does not rely on section 14(1), noting the Commissioner’s position on section 12 as set out later in this decision.

FOI 14(1): Complaint upheld FOI 40(2): Complaint not upheld

Decision notice: 123460