Access to records.

Dear Mr Gaffney,

Thank you for your email.

The Freedom of Information (Scotland) Act 2002 (FOISA) provides
individuals with a right of access to all recorded information held by us.
Anyone can use this right, and information can only be withheld where
FOISA expressly permits it.

There are two Codes of Practice related to FOISA - the Section 60 Code of
Practice on the Discharge of Functions by Public Authorities under the
Freedom of Information (Scotland) Act 2002, and the Section 61 Code of
Practice on Records Management. In addition, there are two Scottish
Statutory Instruments (SSI) which relate to Fees under the Act - SSI 2004
No 376 the Freedom of Information (Fees for Disclosure under Section 13)
(Scotland) Regulations 2004 and SSI 2004 No 467 the Freedom of
Information (Fees for Required Disclosure)(Scotland) Regulations 2004.

Section 23 of FOISA also requires that we maintain a publication scheme.
A publication scheme sets out the types of information that we as a
Scottish public authority routinely makes available. This scheme must be
approved by the Office of the Scottish Information Commissioner.

Our Publication Scheme provides details of the range of information that
we routinely publish. The scheme also provides details of how you can
access this information, and tells you whether it is available free, or if
there is a charge.

Our current scheme is due to expire on 1 June 2010.

Alongside FOISA, the Environmental Information (Scotland) Regulations 2004
(the EIRs) provide a separate right of access to the environmental
information we hold.

To access a copy of the publication scheme and both enactments, please
visit our website at [1]http://www.nhsayrshireandarran.com, select 'Your
Rights' from the main menu bar on the left hand side of the screen and
click on 'Freedom of Information'.

I have attached a copy of our Freedom of Information policy -
'foipolicy.pdf' and Freedom of Information protocol -
'requestsDEC04.pdf'. Please note both these documents are currently under
review.

For further information on the Freedom of Information (Scotland) Act 2002,
please visit, http://[2]www.itspublicknowledge.com.

Individuals also have the right to make a 'subject access' request under
the Data Protection Act 1998 (DPA). The rules in the DPA will determine
whether the person has a right to the information.

Patients also have a right to request their medical records which is also
governed by the Data Protection Act. The Access to Medical Records Act
1990 allows relatives in certain circumstances the right to access a
deceased family member's medical records. Attached is a booklet, 'How to
see your health records' which will tell you how to access you medical
records.

The Data Protection Act is regulated by the (UK) Information Commissioner
Office, please visit, http://[3]www.ico.gov.uk for further information.

We also have a duty to consider the six Caldicott principles which are
guidelines regarding the use of personal-identifiable and confidential
information relating to patients.

Caldicott principles

Principle 1 - Justify the purpose(s) for using confidential information

Principle 2 - Only use it when absolutely necessary

Principle 3 - Use the minimum that is required

Principle 4 - Access should be on a strict need-to-know basis

Principle 5 - Everyone must understand his or her responsibilities

Principle 6 - Understand and comply with the law

I trust this is to your satisfaction. However, under the Freedom of
Information (Scotland) Act 2002 if you are dissatisfied with our response
you are entitled to request a review. A request for a review must be made
in writing to Dr Wai-yin Hatton, Chief Executive, NHS Ayrshire & Arran,
Eglinton House, Ailsa Hospital, Dalmellington Road, Ayr KA6 6AB, no later
than 40 working days from 27 November 2009. You must provide your name, an
address for correspondence, details of your original request and say why
you want a review. If our decision is unchanged following a review and you
remain dissatisfied with this, you then have the right to make a formal
appeal to the Scottish Information Commissioner.

Please do not hesitate to contact me should you require any further advice
or assistance.

Kind regards,

Ann Catherine Wilson L.L.B., Freedom of Information Officer

On behalf of,

Mrs Penny French

Director of Communications

Communications dept

28 Lister Street

Crosshouse Hospital

Kilmarnock

KA2 0BE

Telephone: 01563 826112

Fax: 01563 826122

Email: [4][NHS Ayrshire & Arran request email]

[5]www.nhsayrshireandarran.com

We use 12 point Arial in all our correspondence to make it easier for
people to read.

All our publications are available in alternative formats.

show quoted sections

Dear Mr Gaffney,

In response to your query:

1) There also Statutory Instruments relating to Subject Access under
the Data Protection Act 1998 (DPA). These are No's 191, 413, 414, 415
and 3223.

Also please note the Access to Medical Records Act 1990 should be Access
to Health Records Act 1990. There is also the Access to Medical Reports
Act 1988.

A wealth of information about our services and developments are also
routinely published on our public website,
http://www.nhsayrshireandarran.com.

2) Caldicott is a set of principles used in the NHS governing the
confidential specifics of using patient-identifiable information. The
Caldicott Committee, chaired by Dame Fiona Caldicott published its
report in 1997 on the ways the NHS uses and protects patient
identifiable information.

Each NHS Board has a nominated Caldicott Guardian to safeguard and
govern the uses of confidential patient information. Professor Craig
White has the day to day responsibility for Caldicott. Dr Robert
Masterton has overall responsibility. I have attached two further
documents in respect of Caldicott.

I have provided you with information relating to general rights of
accessing information.

I hope this is helpful. However, if you require any further information,
please let me know.

Kind regards,

Ann

Ann Catherine Wilson L.L.B.
Freedom of Information Officer
Communications department
28 Lister Street
Crosshouse Hospital
Kilmarnock
KA2 0BE
Telephone: 01563 826112
Fax:01563 826122
Email: [NHS Ayrshire & Arran request email]

www.nhsayrshireandarran.com

We use 12 point Arial in all our correspondence to make it easier for
people to read.
All our publications are available in alternative formats.

show quoted sections

Thank you for your email. I am out of the office but will get back to you
as soon as I can on my return. However, in the meantime, if your enquiry
is urgent, please contact my colleagues in the Communications Office on
01563 826111.