Nursing and Midwifery Council
- Date 27 August 2014
- Sector Health
- Decision(s) FOI 40: Not upheld
The complainant has requested evidence and witness statements relating to the fitness to practise hearing involving two named nurses. The Nursing and Midwifery Council (NMC) refused to confirm or deny whether it held the requested information, relying on section 40(5) – personal data, as its basis for doing so. The Commissioner’s decision is that the NMC is that section 40(5) applies and therefore the NMC is not obliged to confirm or deny whether the information is held. The Commissioner does not require the public authority to take any further action to ensure compliance with the legislation. Information Tribunal appeal EA/2014/0230 dismissed.