Royal Berkshire NHS Foundation Trust

The complainant requested serious incident reports into Covid-19 outbreaks. The Royal Berkshire NHS Foundation Trust initially relied on section 40(2) – personal data – and section 41 of FOIA – actionable breach of confidence – to withhold the information, but disclosed a redacted version during the course of the investigation. The Commissioner’s decision is that the Trust has now disclosed all the information it holds within the scope of the request. However, the Trust failed to identify all the information that it held within the scope of the request within 20 working days and therefore breached section 10 of FOIA. The Commissioner does not require further steps to be taken.