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Decision Summary

  • Case Ref: FS50071069
  • Date: 25 October 2006
  • Public Authority: Epsom and St. Helier University Hospitals NHS Trust
  • Summary: The decision concerns a request made for records held by an NHS Trust relating to an individual, now deceased. The request was refused on the grounds that a duty of confidence was owed to the deceased and that as this would still be actionable the information was therefore exempt under section 41 of the Act. After requesting a copy of the withheld information and a further explanation of the refusal the Commissioner concluded that the section 41 exemption was valid. In addition, some of the requested information was subject to legal professional privilege and was therefore exempt under section 42. However, the Commissioner also concluded that the Trust had not fully complied with section 17 of the Act when refusing the original request. The Information Tribunal has ruled on this decision and has dismissed the appeal.
  • View PDF of Decision Notice: [1]