Leeds Teaching Hospitals NHS Trust

The complainant requested information relating to a review into a contract which governed the provision of orthopaedic surgery at Chapel Allerton Hospital, entered into by Leeds Teaching Hospitals NHS Trust (“the Trust”). The Trust withheld a report on the contract under section 40(2) of the FOIA (personal information) and section 41(1) of the FOIA (information provided in confidence) respectively, and also withheld a Trust review of the report under section 41(1) of the FOIA. The Commissioner’s decision is that the report is the personal data of the contributors to it; however, it is lawful, fair and transparent to disclose the report in accordance with Article 6(1)(f) of the GDPR. She has therefore determined that section 40(2) does not apply to the report. She has also determined that section 41(1) does not apply to either of the withheld documents in this case. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation: subject to paragraphs 110-112 below, disclose the report and the review, as defined in this notice, to the complainant. Information Tribunal appeal EA/2019/0200 dismissed.