The complainant has requested information concerning ambulance journeys taken by the complainant and her mother and a particular report concerning the complainant’s mother. West Midlands Ambulance Service NHS Foundation Trust (‘WMAS’) withheld the requested information under section 40(2) of the FOIA as it considered it to be the personal data of third persons. The Commissioner’s decision is as follows: WMAS cannot rely on the provisions under section 40 of the FOIA to withhold the requested information, if held, or to neither confirm nor deny the information is held. This is because the information cannot be categorised as personal data. However, WMAS can rely on section 41(2) to neither confirm nor deny the information is held. This is because confirmation or denial would constitute an actionable breach of confidence.
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