Mr W and NHS Borders [2005] ScotIC 078_2005 (15 December 2005)

Mr W and NHS Borders [2005] ScotIC 078_2005 (15 December 2005)

The Commissioner determined that the information requested was personal data relating to the applicant and that NHS Borders was obliged to disclose it to the applicant, as the applicant was the data subject.

Citation
[2005] ScotIC 078_2005
Parties
Applicant: Mr W; Respondent: NHS Borders
Jurisdiction
Scotland
Judgment Date
15 December 2005
Procedural Posture
Information Request Appeal / Final Decision
Outcome
request granted
Legal Topics
Freedom of Information, Patient Records, Personal Data Access
Information Law Health Law Freedom of Information Patient Records Personal Data Access

Case Brief

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Parties

Mr W

Applicant

NHS Borders

Respondent

Procedural Posture

Information Request Appeal / Final Decision

Legal Issues

  1. 1 Whether NHS Borders was obliged to disclose information relating to the applicant's treatment under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner determined that the information requested was personal data relating to the applicant and that NHS Borders was obliged to disclose it to the applicant, as the applicant was the data subject.

Court Disposition

request granted

Orders

  • NHS Borders ordered to disclose the requested information to Mr W