NHS Wirral Clinical Commissioning Group

The complainant requested copies of email chains relating to an incident that took place at a maternity centre. NHS Wirral Clinical Commissioning Group provided some information, but relied on sections 21 (reasonably accessible) and 40 (third party personal data) of the FOIA respectively to withhold information. The Commissioner’s decision is that the CCG has identified all the information it holds within the scope of the request. She also considers that the CCG is entitled to apply sections 21 and 40(2) in the manner that it has. However, the CCG failed to identify all the relevant information it held and failed to issue its refusal notice within 20 working days. It thus breached sections 10 and 17 of the FOIA respectively. The Commissioner does not require further steps.