Flagging a PDS record as "sensitive"

Dear DoH

I would like to make some requests under the FOI Act regarding
flagging a PDS record (national demographic record) as "restricted"
or "sensitive".

For the purposes of the Act, the date of your receipt of this
request will be 8th July.

I am aware of the process for getting a demographic record flagged
as "sensitive", i.e. the process by which patients can request
their GP to flag their PDS record as "restricted" or "sensitive".

I am also aware of the consequences of such a request:

"If a patient’s demographics record is restricted the patient will
be unable to benefit from any of the new national systems,
including Choose and Book, GP2GP and the Electronic Prescription
Service."

"Healthcare professionals will only be able to see the NHS Number,
name, date of birth and gender for the patient. No other
demographic details will be displayed."

"Flagging a record as sensitive means that the following
information is not sent by the Spine to local NHS IT systems:

* Addresses - This includes the home, temporary and correspondence
addresses.

* Telephone, fax and email details.

* Registered GP Practice.

* Alternative contacts, such as next of kin."

If a patient's PDS record is flagged as "sensitive", then for such
patients:

• Is a Summary Care Record still capable of being created for them
by their GP practice?

• If a patient wishes to opt out of a SCR creation, does the 93C3
code still need to be added to their GP record (for patients of
those GP practices who are uploading with implied consent)?

• Can a Summary Care Record, if one already exists for the patient,
be subsequently viewed by a GP practice, A&E department, OOH GP
provider etc?

• If a Summary Care Record can still be viewed, does accessing it
then automatically generate a "privacy alert"?

• Is there a mechanism for marking the clinical Summary Care Record
as "restricted" or "sensitive" in the same way as the PDS (that is,
not viewable except in extreme clinical circumstances where
explicit consent cannot be obtained)? If so, please could you
kindly indicate the exact mechanism by which patients can get their
SCR so marked - please provide me with any guidance for GPs or
patients and any necessary form(s) that needs to be filled in to
enable this.

As per Section 4a of Part 1 of the FOI Act
(
http://www.opsi.gov.uk/acts/acts2000/ukp...
) I would like the information in question held at the time when my
request is received (draft or otherwise), except that account may
be taken of any amendment or deletion made between now and the
latest time by which the information is to be communicated to me,
being an amendment or deletion that would have been made regardless
of the receipt of my request.

I would be grateful if you would be kind enough to send me the
requested information promptly and in any event not later than the
twentieth working day following the date of receipt of my request -
that is by then end of the working day of 5th August.

If my request is denied in whole or in part, or specific items
within the responses are withheld from disclosure, then you must
justify all deletions by reference to specific exemptions of the
act, as per Section 17 of the Act
(
http://www.opsi.gov.uk/acts/acts2000/ukp...
). Where you rely on a qualified exemption to withhold disclosure,
you are obliged to consider the public interest in your decision
and the refusal notice must explain not only which exemption
applies and why, but also the public interest arguments addressed
in reaching the decision.

I wish to receive the information by email; I believe such a
request would be reasonable in these circumstances. As per Section
11 of Part 1 of the FOI Act (
http://www.opsi.gov.uk/acts/acts2000/ukp...
) I would be grateful if you would "so far as reasonably
practicable give effect to that preference"; if you determine that
it is not reasonably practicable to comply with this preference
then you are required by law to notify me of the reasons for your
determination.

The “return address” (to which the information that I have
requested be should be sent ) is the email address that this
particular request originates from.

I would be grateful if you would kindly acknowledge receipt of this
request as recommended by the ICO (“It would be good practice to
acknowledge receipt of requests and to refer to the 20 working day
time limit, so that applicants know their request is being dealt
with”).

Thank you once again.

Yours sincerely,

Dr Neil Bhatia