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You are here: BAILII >> Databases >> Information Commissioner's Office >> NHS Business Services Authority (Health) [2024] UKICO 272367 (15 May 2024)
URL: http://www.bailii.org/uk/cases/UKICO/2024/272367.html
Cite as: [2024] UKICO 272367
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NHS Business Services Authority
The complainant has requested information about NHS Business Services Authority’s interactions with Stonewall. NHS Business Services Authority (NHSBSA) initially disclosed some information and withheld personal information under section 40(2) and information it considered to be commercially sensitive under section 43(2). NHSBSA’s revised position in respect of part 3 of the request is that it’s prepared to disclose some information it previously withheld but will continue to withhold the remainder of the information under section 40(2) and 43(2). In addition, it’s now applied section 31(1)(a) and sections 36(2)(b)(ii) and 36(2)(c) to this information. Section 31 concerns law enforcement and section 36 concerns prejudice to the effective conduct of public affairs.The Commissioner’s decision is as follows: The information to which NHSBSA has applied only section 31(1)(a) of FOIA is exempt under that exemption.NHBSA correctly applied section 43(2) and section 40(2) to the majority of the information to which it applied these exemptions and, in the case of section 43(2), the public interest favours maintaining this exemption.NHSBSA correctly applied section 36(2)(b)(ii) and section 36(2)(c) to some of the information to which it applied these exemptions but the public interest favours disclosure.The remaining information to which NHSBSA applied sections 36(2)(b)(ii), 36(2)(c), 40(2) and 43(2) doesn’t engage these exemptions; either because it’s already in the public domain or because, in relation to section 40(2), a small amount of the information isn’t personal data.The Commissioner requires NHSBSA to take the following steps to ensure compliance with the legislation: Disclose the information that doesn’t engage section 43(2) of FOIA, and which is noted at paragraph 46 of this notice. Disclose the information that doesn’t engage section 36(2)(b)(ii) or 36(2)(c) of FOIA and which is noted at paragraph 76 of this notice, having first redacted the information to which NHSBSA has correctly applied section 40(2). Disclose the information which doesn’t engage section 40(2) of FOIA, and which is noted at paragraph 181 of this notice and listed in paragraph 11 of the confidential annex to this notice. Disclose the information NHSBSA has advised it’s now prepared to disclose, and which is referred to in paragraphs 2 and 21 of this notice.FOI 31: Complaint upheld FOI 43: Complaint upheld FOI 40: Complaint partly upheld FOI 36: Complaint not upheld
Decision notice: 272367