FOI release

Freedom of Information request on the complaints received between September 2021 to February 2022 (FOI 22/553)

Published 14 June 2022

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FOI 22/553

14th April 2022

Dear

Thank you for your information request, dated 16 March 2022.

We would like to inform you that we are not able to provide you with the information requested as it is excepted under the following sections of the  Freedom of Information Act 2000 (FOIA):

  • Section 40 – This information contains elements of personal data, the disclosure of which would be unfair in that it would breach the first principle of the Data Protection Act which says that information must be processed fairly and lawfully.

  • Section 43 – Release of all, or part of, the information would, or would be likely to, cause harm to the third party’s commercial interests.

  • Section 30 – this exempts information if it has at any time been held by the authority for the purposes of any investigation which the public authority has a duty to conduct.

  • Section 31 – if information was released, it could prejudice the prevention of crime, or its release could help criminals to commit crimes

We have considered the balance of the public interest when applying this exemption. The exemption is to safeguard the commercially sensitive information / industrial secrets of a third party / commercial enterprise (which can include a Government Department). This exemption is conditional on the public interest in releasing it not outweighing the company’s/commercial enterprise’s right to confidentiality and the probable damage that the company/commercial enterprise could suffer as a result of the information being released. In this case I have not identified any issues which would benefit the public as a whole by being brought to their attention (examples of issues would be a major public health risk or a major procedural failure or irregularity) .

If you are unhappy with our decision, you may ask for it to be reviewed. That review will be undertaken by a senior member of the Agency who has not previously been involved in your request. If you wish to pursue that option please email: info@mhra.gov.uk

After that, if you remain dissatisfied, you may write to the Information Commissioner at;

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

They will make a decision on whether or not we have interpreted the FOIA correctly in handling your request.

We note you have a requested a posted copy of this reply, which will be sent to you next week.

Yours sincerely

MHRA Customer Experience Centre

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