Department of Health
- Date 17 May 2010
- Sector Central government
- Decision(s) FOI 10: Upheld, FOI 17: Upheld, FOI 35: Upheld
The complainant made a request under the Freedom of Information Act 2000 (the “Act”) to the Department of Health (“DoH”) for advice from the Chief Medical Officer (CMO) to the Secretary of State for Health in August 1990 regarding the litigation over the infection of haemophiliacs with HIV through contaminated blood products. The DoH refused the complainant’s request as it stated that the information was exempt from disclosure by virtue of section 36(2)(b)(i) and (ii). The Commissioner has reviewed the withheld information and considers that section 36(2)(b)(i) or (ii) is not engaged as section 35(1)(a) is applicable. The Commissioner also considers that the DoH breached sections 1(1)(b), section 10(1) and section 17(1) when responding to the request.