The complainant has requested information relating to a review of waiting list times at the Trust. The Commissioner’s decision is that North Lincolnshire and Goole NHS Trust (the Trust) has correctly applied section 36(2)(c) – prejudice to the effective conduct of public affairs, but that the public interest favours disclosure. She further finds that section 31(1)(g) – law enforcement, is not engaged. The complainant has accepted that section 40(2) – personal data, could apply to personal information of patients and staff below board level. However, the Commissioner finds that the Trust has incorrectly applied section 40(2) to the majority of the information in the main body of the report. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation. Disclose pages 1 – 13 of the requested information aside from names and job titles. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
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