Department of Health and Social Care
| Case Outcome | Complaint upheld FOI 40(2): Complaint not upheld |
| Subject Matter | Central government |
| Court | Information Commissioner (UK) |
| Record Number | IC-123460-K8B2 |
| Date | 05 December 2022 |
| Respondent | Department of Health and Social Care |
Reference: IC-123460-K8B2
1
Decision notice
Date: 5 December 2022
Public Authority: Department of Health and Social Care
Address: 39 Victoria Street
London
SW1H 0EU
Decision (including any steps ordered)
1. The complainant has requested information from the Department of
Health and Social Care (DHSC) about communications between Matt
Hancock and another individual during a specified timeframe. The DHSC
provided some information but withheld other information under section
40(2), section 43(2) and section 35(1)(d) of FOIA. During the
Commissioner’s investigation the DHSC withdrew its reliance on section
43(2) and provided the information and the complainant accepted the
application of section 35(1)(d). During the Commissioner’s investigation,
the DHSC also cited section 14(1) regarding WhatsApp messages.
2. The Commissioner’s decision is that the DHSC has not demonstrated
that complying with the request in terms of the WhatsApp messages
would impose a grossly oppressive burden and consequently it is not
entitled to rely on section 14(1). However, he finds that the DHSC was
correct in citing section 40(2).
3. The Commissioner requires the public authority to take the following
steps to ensure compliance with the legislation.
• Carry out the relevant searches and, having done so, provide a
response to the complainant that does not rely on section 14(1),
noting the Commissioner’s position on section 12 as set out later
in this decision.
4. The public authority must take these steps within 35 calendar days of
the date of this decision notice. Failure to comply may result in the
Commissioner making written certification of this fact to the High Court
pursuant to section 54 of FOIA and may be dealt with as a contempt of
court.
Reference: IC-123460-K8B2
2
Request and response
5. On 23 February 2021 the complainant made the following request for
information from the DHSC:
“Dear FOI/EIR Team I would like to request the following information
under the Freedom of Information Act and the Environmental
Information Regulations (EIRs).
(i) Please note that I am only interested in that
correspondence and communications generated between 1 March
2020 and 1 December 2020
(ii) Please note that the reference to written correspondence
and communications in the questions below should include all
traditional forms of correspondence such as letters memos and
faxes, all emails irrespective of whether they were sent through
private or official accounts and all messages sent through
encrypted messaging services including but not limited to
WhatsApp.
(iii) It is likely that some of this correspondence and
communication will relate to [name redacted]’s company [name
redacted] and services that [name redacted] and or his company
provided in relation to the fight against Covid-19. I should stress,
however, that I am interested in all correspondence and
communication irrespective of the subject matter.
(iv) Please note that I am only interested in communications
and correspondence which involves the two named individuals and
not their private offices acting on their behalf [names and
identifiable personal data redacted].
Please note that the Environmental Information Regulations cover
information relating to the 'the state of human health and safety
and conditions of human life.'
1....During the aforementioned period did [name redacted] write
to and communicate with Matt Hancock?
2....If the answer to question one is yes can you please provide a
copy of this written correspondence and communication.
3...During the aforementioned period did Matt Hancock write to or
communicate with [name redacted]?
4...If the answer to question three is yes can you please provide a
copy of this correspondence and communication.
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