Pearl Smile Dental Group
- Date 6 September 2024
- Sector Health
- Decision(s) FOI 1(1): Upheld, FOI 10(1): Upheld, FOI 17: Upheld, FOI 40(2): Not upheld
The Commissioner’s decision is that the majority of the information the complainant has requested is exempt from disclosure under section 40(2) of FOIA. This is because the information is another individual’s personal data and disclosing it wouldn’t be lawful. Pearl Smile Dental Group’s section 40(2) refusal notice didn’t comply with section 17(1) of FOIA.
The remaining information isn’t personal data and Pearl Smile Dental Group didn’t comply with section 1(1) and 10(1) of FOIA in respect of the timeliness of its response to this part of the request. Pearl Smile Dental Group must take the following step to ensure compliance with the legislation: Provide the complainant with a fresh response to part 3.0 of the request, basing the response on the situation as it was the time of the request.