Nursing and Midwifery Council
- Date 9 August 2024
- Sector Health
- Decision(s) FOI 17: Upheld, FOI 40(5B): Not upheld
The applicant requested information from the Nursing and Midwifery Council (NMC) about a named nurse. The NMC refused the request under section 40(2) of FOIA, which concerns third person personal data. The Commissioner’s decision is that the NMC should have neither confirmed nor denied it held the requested information under section 40(5B) of FOIA. He has applied this exemption himself, proactively. The NMC therefore breached section 17(1) of FOIA as it failed to issue a correct refusal notice within 20 working days. It’s not necessary for the NMC to take any corrective steps.