Information Commissioner's Office

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You are here: BAILII >> Databases >> Information Commissioner's Office >> NHS England (Health) [2023] UKICO 250852 (20 November 2023)
URL: http://www.bailii.org/uk/cases/UKICO/2023/250852.html
Cite as: [2023] UKICO 250852

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NHS England

In three requests, the complainant requested information about briefing given to the Chief Medical Officer following a meeting associated with the COVID-19 pandemic. NHS England (NHSE) initially advised it didn’t hold information within scope of requests 2 and 3 and disclosed information relevant to request 1 with personal data redacted under section 40(2) of FOIA. NHSE subsequently identified information that fell within scope of requests 2 and 3 and disclosed this, having again redacted some personal data. The Commissioner’s decision is as follows: NHSE holds no further information within scope of the requests and has complied with section 1(1) of FOIA. NHSE is entitled to withhold the redacted information in two disclosed email exchanges under section 40(2) as it’s other people’s personal data and disclosing it wouldn’t be lawful. NHSE breached section 10(1) and 17(1) of FOIA as it didn’t comply with section 1(1) or provide a section 40 refusal notice within the statutory timeframe. It’s not necessary for NHS England to take any corrective steps.

FOI 17: Complaint upheld FOI 10: Complaint upheld FOI 40: Complaint not upheld FOI 1: Complaint not upheld

Decision notice: 250852