Medicines and Healthcare Products Regulatory Agency (Health) [2021] UKICO ic-100061 (10 November 2021)
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Medicines and Healthcare Products Regulatory Agency
The complainant has requested copies of the exceptional use authorisations for two Covid-19 testing kits. The Medicines & Healthcare products Regulatory Agency refused to provide this information as it considered that the Enterprise Act 2002 prevented it from doing so. It therefore relied on section 44 of the FOIA (statutory prohibition on disclosure) to withhold the information. The Commissioner’s decision is that the Enterprise Act only prohibits disclosure of a small quantity of the requested information. The MHRA is therefore entitled to rely on section 44 of the FOIA to withhold most of the information. The Commissioner requires the MHRA to take the following steps to ensure compliance with the legislation: disclose copies of both letters that have been withheld, with the exception of: The quoted text in italics at the end of the first paragraph beginning after the words “The reasons for application cited”; The name and address of the recipient of the letter; The sender’s name, job title and signature; In respect of the letter dated 22 December only, all five sub-paragraphs (a – e) of numbered paragraph 6.
FOI 44:
Complaint partly upheld
Decision notice: ic-100061
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-100061.html
