Freedom of Information request about inspection reports (FOI-21-166)
Published 7 May 2021
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This publication is available at https://www.gov.uk/government/publications/freedom-of-information-responses-from-the-mhra-week-commencing-8-march-2021/freedom-of-information-request-about-inspection-reports-foi-21-166
09th March 2021
Dear
REF: FOI 21/166 As requested under the Freedom of Information Act, please find enclosed the requested reports. You will see that some information has been redacted. The relevant sections of the Freedom of Information Act are marked at the side of each redaction. These are:
• 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.
Furthermore, we would like to inform you that we are unable to provide you with the company responses. This information is exempted under Section 41.
• Section 41 – Information provided in confidence: information provided to us in confidence, with the expectation that it will not be released, is exempt from disclosure under the FOI Act. Information will be covered by Section 41 if: it was obtained by the authority from any other person; its disclosure would constitute a breach of confidence; a person or organisation could bring a court action for that breach of confidence; and that court action would be likely to succeed.
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 have a query about this letter, please do not hesitate to contact us at IE&[email protected] 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: [email protected]
Due to the ongoing Covid-19 situation, we are not able to accept delivery of any documents or correspondence by post or courier to any of our offices.
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.
Yours sincerely
IE&S FOI Team MHRA Inspection, Enforcement and Standards