Torbay and South Devon NHS Foundation Trust

The complainant has requested information about a particular surgeon. The above public authority relied on section 40(2) of FOIA (third party personal data) to withhold the information. The Commissioner’s decision is that the public authority should not have confirmed or denied that it held the requested information. He has therefore applied section 40(5B) of FOIA himself, proactively to avoid accidental revelation of personal information. The Commissioner does not require further steps to be taken. Information Tribunal FT/EA/2024/0244 under appeal.

Keywords: disciplinary, performance management