ICO Decision on East Kent Hospitals FOI Complaint

The Information Commissioner's Office (ICO) has issued a decision notice concerning a complaint against East Kent Hospitals University NHS Foundation Trust regarding two Freedom of Information (FOI) requests. The ICO found that the Trust was not entitled to withhold recent meeting minutes under FOI section 21, but could withhold information about staff governors under section 40(2) (third-party personal data) and information intended for future publication under section 22(1). The ICO also proactively applied section 41 (information provided in confidence) to information concerning a deceased former staff governor.

This decision clarifies the application of specific FOI exemptions for public sector bodies, particularly NHS Trusts, when handling requests for internal governance and staff information. While the Trust is not required to take further steps in this instance, the ruling provides guidance on the appropriate use of sections 21, 22(1), 40(2), and 41 of FOIA. Compliance officers in public sector organizations should review their internal processes for handling FOI requests to ensure adherence to these principles, especially concerning staff governor details and meeting minutes.