NHS England (Health) [2018] UKICO fs50717561 (2 August 2018)
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NHS England
The complainant has requested rent, lease and ownership information about properties housing GP practices in Birmingham. NHS England (NHSE) provided a link to where some relevant information is published. It withheld other information under section 41(1) of the FOIA (information provided in confidence) and section 43(2) (commercially sensitive information). During the investigation, NHSE withdrew its reliance on section 41(1) with regard to some of the information and applied section 21(1) to this information (information already accessible to the applicant). The Commissioner’s decision is as follows: The information requested in requests 5 and 6 is exempt information under section 21(1). NHSE is correct to withhold the information requested in requests 1, 4 and 7 under section 43(2) and the public interest favours maintaining the exemption. The Commissioner does not require the public authority to take any steps to ensure compliance with the legislation.
FOI 21:
Complaint not upheld
FOI 43:
Complaint not upheld
Decision notice: fs50717561
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50717561.html
