Information Commissioner's Office

Plymouth Primary Care Trust

5 June 2008, Health (NHS)

The complainant requested a copy of a contract agreed by the Plymouth Primary Care Trust for the provision of an independent treatment centre. He also requested copies of correspondence concerning the contract. The public authority refused to disclose some of the requested information on the basis of the exemptions contained in sections 38 (health and safety), 40 (personal information), 41 (confidential information), 42 (legal professional privilege), 43(1) (trade secrets) and 43(2) (prejudice to commercial interests) of the Act. The Commissioner determined that some of the information contained in the contract, relating to how the service provider had calculated its prices, was exempt under section 41 and a limited amount of information contained in the additional documents was exempt under sections 40 and 43(2). He ordered the disclosure of the remainder of the information. Information Tribunal appeal (EA/2008/0055) has been withdrawn.

FOI 40: Partly upheld