Health and Social Care Board (Education) [2021] UKICO IC-57814 (2 August 2021)


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Information Commissioner's Office
You are here: BAILII >> Databases >> Information Commissioner's Office >> Health and Social Care Board (Education) [2021] UKICO IC-57814 (2 August 2021)
URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-57814.html
Cite as: [2021] UKICO IC-57814

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Health and Social Care Board

The complainant requested information relating to an investigation into a named doctor. The Health and Social Care Board in Northern Ireland (the ‘HSCB’) provided some of the requested information but refused to provide the remainder, citing section 40(2) (personal information) of FOIA. During the course of the Commissioner’s investigation, the HSCB revised its position and said it should have neither confirmed nor denied (‘NCND’) whether it held the requested information in response to the initial request. It now cited section 40(5B), the ‘neither confirm nor deny’ provision for personal information on the basis that, if held, the information would constitute the personal data of a third party. The Commissioner’s decision is that the HSCB was correct to rely on section 40(5B) of FOIA. She does not require the HSCB to take any steps as a result of this notice. Information Tribunal appeal EA/2021/0231 under appeal.

FOI 40: Complaint not upheld

Decision notice: IC-57814

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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-57814.html