Moorfields Eye Hospital NHS Foundation Trust

The complainant requested information about a theatre list for a specific date. The Commissioner’s decision is that Moorfields Eye Hospital incorrectly relied on section 40(2) (third party personal data) of the FOIA to withhold the requested information but did correctly apply section 40(1) to withhold the complainant’s own personal data. He also considers that the Hospital breached section 1 (duty to confirm or deny information is held), section 10 (response within 20 working days) and section 16 (duty to provide advice and assistance). He upholds the complaint but does not require the Hospital to take any further action as it has now provided a response to the complainant which the Commissioner considers fulfils the scope of the request. Information Tribunal appeal EA/2014/0110 struck out.