Health and Social Care Board

The complainant has requested information from the Health and Social Care Board (HSCB) in relation to patients who had travelled to Cambridge to receive medical treatment within a specified time period.  The HSCB disclosed some information, stated that it did not hold some of the information, and refused to disclose the remainder, citing sections 40(2) and 41 of the FOIA as a basis for non-disclosure. Two separate requests for information were made and the Commissioner has considered these separately.

The Commissioner’s decision is that, in relation to the complainant’s first request, the HSCB has incorrectly applied the exemptions at sections 40(2) and 41.  In relation to the second request, question 1 is dealt with in the first request. Regarding questions 2 and 3, the Commissioner is satisfied that on the balance of probabilities HSCB does not hold the requested information. In relation to question 4 the Commissioner is satisfied that the information is exempt from disclosure under section 40(2) of the FOIA.