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List of who has accessed a SCR, and when
Dr Neil Bhatia made this Freedom of Information request to Department of Health
The request was successful.
From: Dr Neil Bhatia
11 June 2009
Dear DoH/CfH
I would like to make further requests under the FOI Act regarding
the SCR.
For the purposes of the Act, the date of your receipt of this
request will be 11th June.
• Please could you state how those patients who have agreed to have
SCR can easily obtain a list of those people who have accessed
their SCR (ever, or between certain dates), and exactly when such
accesses took place.
• Please could you explain the mechanism by which patients may get
this information i.e. is this classed as a subject access request
under the DPA, to whom should they apply for the information, what
form should be used, do they have to provide ID of some sort (if
so, what), is there a fee payable, and when should they expect a
response.
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 9th July.
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.e. ending in
'@whatdotheyknow.com').
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
From: Dr Neil Bhatia
11 June 2009
Dear DoH,
Just to clarify:
SCR = Summary Care Record
Yours sincerely,
Dr Neil Bhatia
Department of Health
15 June 2009
Thank you for your enquiry.
We aim to respond within 20 working days.
If there is likely to be any delay we will contact you to let you know.
show quoted sections
Department of Health
26 June 2009
Our ref: DE000421098
26 June 2009
Dear Dr Bhatia
Thank you for your email of 11 June, which requested, under the Freedom of
Information Act, for information on summary care records (SCRs). You
asked:
o Please could you state how those patients who have agreed to have SCR
can easily obtain a list of those people who have accessed their SCR
(ever, or between certain dates), and exactly when such accesses took
place.
o Please could you explain the mechanism by which patients may get this
information i.e. is this classed as a subject access request under the
DPA, to whom should they apply for the information, what form should be
used, do they have to provide ID of some sort (if so, what), is there a
fee payable, and when should they expect a response.
I am writing to advise you that the Secretary of State for Health is the
data controller for summary care records. Therefore, anyone who wants
this information should write to the Department of Health under our Data
Protection Act subject access request arrangements; the department does
not usually charge a fee for this. Information on how to make a subject
access request (including a sample request letter which gives details of
the types of identification required) can be found on the Data Protection
page of the department's website:
http://www.dh.gov.uk/en/FreedomOfInforma...
I hope that this is helpful. If you are unhappy with the Department's
handling of the Freedom of Information aspect of your request, you have
the right to ask for an internal review. Internal review requests should
be submitted within two months of the date of receipt of the response to
your original letter and should be addressed to:
Head of the Freedom of Information Team
Department of Health
Room 317
Richmond House
79 Whitehall,
London
SW1A 2NS
Email: [email address]
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Department. The Information Commissioner can be
contacted at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Please contact me if you have any queries about this letter.
Yours sincerely,
Lynn Swyny
FOI Case Manager
show quoted sections
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Dr Neil Bhatia left an annotation (28 June 2009)
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