Public Health England (Health) [2018] UKICO fs50715751 (24 October 2018)
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Public Health England
In 12 requests, the complainant has requested information associated with the role of Public Health England (PHE) in the response to the Ebola crisis in 2014-2015. PHE indicated to the complainant that it did not hold most of the requested information and that the information it did hold is exempt from release under section 24(1) of the FOIA (national security) or section 40(2) (third person personal data). The Commissioner’s decision is as follows: PHE breached section 1(1)(a) with regard to the majority of the parts of requests 9, and requests 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20. PHE complied with section 1(1)(a) with regard to one part of request 9. PHE breached section 1(1)(b) with regard to four parts of request 9 and requests 12 and 15. PHE has complied with section 1(1)(b) with regard to request 14. PHE breached section 10(1) with regard to: four parts of request 9 and requests 10, 11, 12, 13, 14, 15, 16, 17, 18 and 20. PHE complied with section 10(1) with regard to one part of request 9. PHE breached section 17(1) and section 17(3) with regard to the majority of the elements of request 9, request 14 and request 19. PHE cannot rely on section 24(1) with regards to the majority of the parts of request 9. PHE can rely on section 24(1) with regards to request 9.3, 9.5, 9.7, request 14 and request 19 and the public interest favours maintaining the exemption. PHE cannot rely on section 40(2) to withhold any of the remaining information requested in request 9. PHE can rely on section 40(2) to withhold the personal data of third persons with regard to request 14 and request 19. The Commissioner requires PHE to take the following steps to ensure compliance with the legislation: Release to the complainant the information it holds that is relevant to request 12.1. If it has not already done so as a result of FS50713226, release the information it holds that falls within the scope of request 12.2 (the Memorandum of Understanding and Material Transfer Agreement with personal data redacted as appropriate). If it has not already done so, provide the complainant with the two documents within the scope of request 14, namely – ‘Receipt and transport of clinical samples’ and ‘Transport and storage of material in laboratory’ – that have been redacted in line with the versions it subsequently provided to the Commissioner on 19 October 2018. If it has not already done so as a result of FS50713226, release the information it holds that is relevant to request 15.1 (number of samples) and request 15.2 …
FOI 17:
Complaint upheld
FOI 10:
Complaint partly upheld
FOI 40:
Complaint partly upheld
FOI 24:
Complaint partly upheld
FOI 1:
Complaint partly upheld
Decision notice: fs50715751
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URL: http://www.bailii.org/uk/cases/UKICO/2018/fs50715751.html
