ICO Decision: NMC's refusal of nurse data under FOI upheld

ICO Decision Notices

Filed March 5th, 2026

Detected March 10th, 2026

Summary

The UK's Information Commissioner's Office (ICO) has upheld the Nursing and Midwifery Council's (NMC) decision to refuse a Freedom of Information request for data on erased and suspended nurses. The ICO found the NMC was entitled to withhold the information as it constitutes personal data exempt under FOIA.

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What changed

The Information Commissioner's Office (ICO) has issued a decision notice (IC-399471-J7J5) upholding the Nursing and Midwifery Council's (NMC) refusal to disclose information regarding nurses erased or suspended between January 1, 2015, and March 26, 2025. The NMC cited Section 40(2) of the Freedom of Information Act (FOIA), which exempts personal data of third parties, as the basis for withholding the requested data. The ICO's decision confirms the NMC's entitlement to rely on this exemption.

This decision means the NMC is not required to take any further action regarding this specific request. For regulated entities, this reinforces the principle that personal data of individuals, even within a professional register, is protected under FOIA and may be withheld if disclosure would breach data protection principles. No compliance actions are required by the NMC or other entities as a result of this specific notice.

Source document (simplified)

The Nursing and Midwifery Council

Date 5 March 2026
Sector Health, Regulators
Decision(s) FOI 40(2): Not upheld The complainant requested information from the Nursing and Midwifery Council (NMC) relating to nurses who have been erased and suspended from the register between 1 January 2015 and 26 March 2025. The NMC refused to disclose the requested information on the basis that it is personal data of third parties and is therefore exempt from disclosure under section 40(2) of FOIA. The Commissioner’s decision is that the NMC was entitled to rely on section 40(2) of FOIA to withhold the requested information. The Commissioner does not require the NMC to take any further steps as a result of this decision notice.