Electronically Stored Information retention policy

NHS National Services Scotland did not have the information requested.

Dear NHS National Services Scotland,

Does the NHS Scotland have a data retention policy specific to the situation where a member of staff is subject to a complaint of malpractice or maladministration?

Specifically, what about Electronically Stored Information? eg emails and other documents stored digitally?

If complaints are made about a member of NHS staff, are there any requirements placed on that member of staff or other NHS personnel to then retain all data relating to that person, or is he or other NHS personnel still free to delete - what may be potential evidence - from the electronic records?

In many countries, USA especially, there is legislation imposing a legal requirement of "data hold" if there is even the possibility of legal action. Destruction or deletion of potential evidence being called "spoliation".

Is there anything in the NHS Records Management Code of Practice that deals with "data hold" or "spoliation"?

If not, why not?
Has this issue been considered?

Yours faithfully,

ALEX WHITE

Communications (NHS NATIONAL SERVICES SCOTLAND),

 

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Regards

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FOI (NHS NATIONAL SERVICES SCOTLAND),

Dear Mr White,

 

Freedom of Information Reference:  FOI -2018-000114

 

I refer to your freedom of information request which we received on 19
March 2018, requesting the following information:

 

·         Does the NHS Scotland have a data retention policy specific to
the situation where a member of staff is subject to a complaint of
malpractice or maladministration?

 

Specifically, what about Electronically Stored Information?  eg emails and
other documents stored digitally?

 

If complaints are made about a member of NHS staff, are there any
requirements placed on that member of staff or other NHS personnel to then
retain all data relating to that person, or is he or other NHS personnel
still free to delete - what may be potential evidence - from the
electronic records?

 

In many countries, USA especially, there is legislation imposing a legal
requirement of "data hold" if there is even the possibility of legal
action.  Destruction or deletion of potential evidence being called
"spoliation".

 

Is there anything in the NHS Records Management Code of Practice that
deals with "data hold" or "spoliation"?

 

If not, why not?

Has this issue been considered?

 

I confirm that under the terms of the Freedom of Information (Scotland)
Act 2002, a response to your information request will be sent within 20
working days of receipt, i.e. no later than 17 April 2018.

 

Kind regards

Nicola Cuthbertson

NHS National Services Scotland

Information Governance Support Officer

Strategy and Governance Directorate

Area 27, Ground Floor

1 South Gyle Crescent

Edinburgh, EH12 9EB

 

Tel: 0131 275 7086                                          

 

NHS Website:  [1]http://nhsnss.org/           

 

4 Please consider the environment before printing this email.

NHS National Services Scotland is the common name for the Common Services
Agency for the Scottish Health Service. [2]www.nhsnss.org

 

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FOI (NHS NATIONAL SERVICES SCOTLAND),

Dear Mr White,

 

Freedom of Information Reference: FOI-2018-000114

 

Thank you for your email of 18^th March 2018 requesting the following
information:

 

·         Does the NHS Scotland have a data retention policy specific to
the situation where a member of staff is subject to a complaint of
malpractice or maladministration?

 

·         Specifically, what about Electronically Stored Information?  eg
emails and other documents stored digitally?

 

·         If complaints are made about a member of NHS staff, are there
any requirements placed on that member of staff or other NHS personnel to
then retain all data relating to that person, or is he or other NHS
personnel still free to delete - what may be potential evidence - from the
electronic records?

 

·         In many countries, USA especially, there is legislation imposing
a legal requirement of "data hold" if there is even the possibility of
legal action.  Destruction or deletion of potential evidence being called
"spoliation".

 

·         Is there anything in the NHS Records Management Code of Practice
that deals with "data hold" or "spoliation"?

 

·         If not, why not? Has this issue been considered?

 

Under Section 25 of the Freedom of Information (Scotland) Act 2002, NHS
National Services Scotland (NSS) is not required to provide information in
response to a request if that information is already reasonably accessible
to you. The information you have requested is available within the
Scottish Government Records Management: NHS Code of Practice (Scotland)
Version 2.1 with is available from the Scottish Government’s website at
the following URL:

 

[1]http://www.gov.scot/Publications/2012/01...

 

This Code of Practice stipulates the minimum length of time records are to
be retained by NHS Scotland Health Boards regardless of the media on which
they are held, including paper, electronic, still and video images, or
sound.

 

Within the Code of Practice “Disciplinary” records are listed under the
Administrative Records – Human Resources section (page 97) and
“Complaints” are listed under NHS Board Records (p102).

 

As NSS is a national support organisation within NHS Scotland in which we
provide such services as the Scottish National Blood Transfusion Service,
procurement and legal services we do not have oversight of how the other
Scottish health boards manage or retain their records and can only comply
with the Code of Practice set out by the Scottish Government, on how we
retain our own records.

 

However, to gain access to the information you have requested we suggest
that you contact the Scottish Government directly using the following
email address, as unfortunately under the Freedom of Information
(Scotland) Act 2002 we are unable to transfer your request:

 

[2][email address]

 

Within NSS we have adopted the minimum retention periods outlined within
the Code of Practice into our own Document Storage, Retention & Disposal
Policy in order to mirror the guidance set out by the Scottish Government.

 

We have also said that within the NSS Management of Employee Conduct
Policy “All records pertaining to management of an employee under this
policy must be held in accordance with both the Data Protection Act 1998
and the Scottish Government Records Management: NHS Code of Practice
(Scotland) Version 2.1”

 

If you are unhappy with any aspect of how we have dealt with your request
you can make representations to us asking us to review the handling of
your request.  Please write to the

 

Associate Director of Corporate Affairs and Compliance

NHS National Services Scotland

Headquarters

Gyle Square

1 South Gyle Crescent

Edinburgh

EH12 9EB

 

within 40 working days of the date of this correspondence.

 

If after a review you are still unhappy, you also have the right to apply
to the Scottish Information Commissioner, who can be contacted at Kinburn
Castle, St Andrews, Fife, KY16 9DS, or via their [3]online Appeal form.

 

If you have any queries about this response, please contact me at the
address below.

 

Many thanks and kindest regards,

 

Roddy

 

 

Roddy Mitchell

Corporate Records & FOI Organisational Lead

Strategy & Governance Directorate

 

NHS National Services Scotland

Gyle Square

1 South Gyle Crescent

Edinburgh, EH12 9EB

 

T: + 44 (0) 131 314 5604
[4]www.scotblood.co.uk

 

Please consider the environment before printing this email.

 

NHS National Services Scotland is the common name for the Common Services
Agency for the Scottish Health Service [5]www.nhsnss.org

 

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ALEX WHITE left an annotation ()

From NHS D&G Data Protection Policy:
"The Scottish Government Records
Management: NHS Code of Practice
(Scotland) (currently Version 2.1 January 2012);
available here:

Defines NHS Dumfries & Galloway 's policy for
the management, retention and destruction of
information and records."