Devon Partnership NHS Trust

The complainant has requested information on complaints about senior staff and the number of staff employed by Devon Partnership NHS Trust (‘the Trust’). The Trust withheld the information under section 40(2) of FOIA as it considers it to be someone else’s personal data. The Commissioner’s decision is that the Trust incorrectly applied section 40(2) of FOIA to part 2 of the request. However the Trust correctly applied this exemption to the information requested in part 1. The Trust must take the following step to ensure compliance with the legislation: Provide a response, that complies with FOIA, to the request for the number of staff at the organisation.