Barts Health NHS Trust (Health) [2019] UKICO fs50814866 (29 March 2019)
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Barts Health NHS Trust
The complainant has requested information relating to the suppressed numbers from the disclosed information for cancelled operations. Barts Health NHS Trust (the Trust) refused to provide the suppressed numbers citing the exemption under section 40(2) of the FOIA (third party personal data) as its basis for doing so. The Commissioner’s decision is that the Trust has incorrectly applied section 40(2) of FOIA to the withheld information. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: to disclose the 3 suppressed numbers from 2015/16 and 2016/17 for the cancelled operations for the categories ‘no X-ray’ and ‘Unknown’. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 40:
Complaint upheld
Decision notice: fs50814866
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URL: http://www.bailii.org/uk/cases/UKICO/2019/fs50814866.html
