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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> NHS England (Health) [2023] UKICO 193264 (30 March 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/193264.html
Cite as: [2023] UKICO 193264
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NHS England
The complainant has requested the number of maternity incidents meeting the threshold for a HSIB (Healthcare Safety Investigation Branch) investigation. NHS England relied on section 40(2) (third party personal data) and section 41 (breach of confidence) to withhold some information where the number of individuals is equal to or fewer than five. The Commissioner’s decision is that NHS England is entitled to rely on section 40(2) and section 41 to withhold the redacted information. However, the Commissioner has recorded a procedural breach of section 10(1) (time for compliance) of FOIA. The Commissioner does not require NHS England to take any steps as a result of this decision notice.FOI 10: Complaint upheld FOI 40(2): Complaint not upheld FOI 41(1): Complaint not upheld
Decision notice: 193264