Tribunal allows appeal in information rights case

Background

The First-tier Tribunal (General Regulatory Chamber) recently ruled in favour of Neil Lightning, who appealed against a decision by the Information Commissioner regarding a Freedom of Information Act 2000 (FOIA) request. The case centred around Mr Lightning's request for information from Cambridge University Hospital NHS Foundation Trust concerning the Epic electronic patient record system.

The Request

Mr Lightning submitted a detailed FOIA request on 25th July 2023, seeking various documents related to the operation and error handling of the Epic system. He was particularly interested in an error that prevented alerts from being correctly added to the system, potentially affecting patient care.

The Response

The Public Authority refused the request, citing section 12 of FOIA, which allows refusal if the cost of compliance exceeds the appropriate limit. They argued that fulfilling the request would be disproportionately expensive due to the broad scope and potential confidentiality of the data involved.

Appeal and Tribunal Decision

Mr Lightning challenged the refusal, arguing that the Public Authority misunderstood his request and failed to provide the required advice and assistance under section 16 of FOIA. The Tribunal agreed, finding that the Public Authority's reliance on section 12 was misplaced as they focused on a system that would not yield the requested information.

Key Findings

The Tribunal concluded that the Public Authority was not entitled to rely on section 12 and had not provided adequate advice and assistance. It directed the Public Authority to reconsider Mr Lightning's request and provide a fresh response, ensuring compliance with sections 12 and 16 of FOIA.

Implications

This decision highlights the importance of public authorities accurately interpreting FOIA requests and providing necessary guidance to requesters. It underscores the Tribunal's role in ensuring that information rights are upheld and that procedural errors do not obstruct access to information.

Learn More

For more information on data protection, see BeCivil's guide to English Data Protection Law.