NHS England
- Date 15 October 2025
- Sector Health
- Decision(s) FOI 40(2): Partly upheld
The complainant requested the small numbers in published National Cost Collection information that NHS England (NHSE) has suppressed. NHSE confirmed that it’s withholding numbers that are less than ‘8’ under section 40(2) of FOIA, which concerns personal data.
The Commissioner’s decision is that numbers below ‘5’ can be categorised as personal data and this information is exempt under section 40(2). However, numbers of ‘5’ and greater can’t be categorised as personal data. The Commissioner requires NHSE to take the following step to ensure compliance with the legislation: Disclose to the complainant instances where the requested information is numbers that are ‘5’ and greater.