University Hospitals Sussex NHS Foundation Trust

In a three part request, the complainant has requested information associated with a death that occurred from University Hospitals Sussex NHS Foundation Trust (‘the Trust’). The complainant was provided with relevant information outside of FOIA and the Trust’s final position had been to rely on sections 40(5A) and 40(5B) of FOIA (personal data) to refuse to confirm or deny it holds the requested information. The complainant was concerned that the Trust holds further information within scope of Q1 of their request that it hasn’t provided and disputed its reliance on sections 40(5A) and (5B). During the Commissioner’s investigation, the Trust reconsidered its position. It has now confirmed that, other than the relevant information that had already been provided to the complainant, it holds no other information within scope of Q1 of the request. It has also confirmed that it doesn’t hold the specific information requested in Q2 and Q3 and that to the degree that relevant information it does hold addresses these questions, that information is exempt from disclosure under section 40(2) of FOIA. The Commissioner’s decision is as follows: On the balance of probabilities, the Trust holds no further information within scope of Q1 of the request. The Trust doesn’t hold the specific information requested in Q2 and Q3 of the request and the information that it holds that’s broadly relevant is exempt from disclosure under section 40(2) of FOIA. This is because that information is other people’s personal data and disclosing it wouldn’t be lawful. It’s not necessary for the Trust to take any corrective steps.