University Hospital of Derby and Burton NHS Foundation Trust

The complainant made a freedom of information request about D-Hive and the cancellation of Derby Sound. The University Hospitals of Derby and Burton NHS Foundation Trust (the Trust) refused the request under the section 43(2) (commercial interests) exemption. The Commissioner’s decision is that the Trust has not successfully applied Section 43(2) of the FOIA. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: disclose the withheld information. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court. Information Tribunal appeal EA/2020/0135 appeal allowed in part.