Department of Health
- Date 26 March 2013
- Sector Central government
- Decision(s) FOI 21: Upheld, FOI 23: Not upheld, FOI 24: Upheld, FOI 27: Upheld
The complainant made a request for ministerial diaries. The Department of Health (DoH) provided the complainant with some of the requested information, but made significant redactions under sections 21, 23, 24, 27, 35(1)(a) and (d), 36, 38, 40(2), 41 and 44. The Commissioner’s decision is that the DoH has correctly applied section 23 and section 40(2) where relied upon to make the relevant redactions. However the Commissioner considers that the DoH incorrectly applied the other exemptions. The Commissioner requires the public authority to disclose or issue a valid refusal notice in respect of the information which the DoH has marked as out of scope of the request. Disclose the withheld information apart from that redacted under section 40(2) and section 23 FOIA. Information Tribunal appeal (EA/2013/0087) part allowed.