Dear University Hospitals of Leicester NHS Trust,
Could you please answer the following Requests with regards to this Freedom of Information request.
1.How many times have the Trust breached the 30 days compliance time with regards to SAR Requests under the new GDR policy of 28.5.2028.
Please give statistics for the past 5.5 calendar months?

2.How many Data protection breaches have there been under the new GDPR Policy of 2018 with regards to Patients records and medical files being shared wrongly with a third party other than the Trust please disclose statistics for the past 5.5 calendar months? under the new GDPR policy.
3. How many Patients have been denied receiving their medical documents under the new GDPR policy 2018 .? Please give statistics for the past 5.5 calendar months and the reason why the request was denied.
4.How many times have Patients notes and medical files gone missing and never been found? In the past 5.5 calendar months?
5. How many times in the past 5.5 calendar months has the Trust informed the Information Commissioner about serious Data protection breaches in the past 5.5 calendar months ? How many times have they breached the 72 hours compliance time with regards to the former?

Yours faithfully,
Alison Stevens.

FOI - Freedom of Information, University Hospitals of Leicester NHS Trust

Corporate and Legal Affairs – Corporate and Committee Services

Our Reference: GB/FOI/40374

30 November 2018

Dear Ms Stevens,

Request for Information

Thank you for your request for information, as received via email by University Hospitals of Leicester NHS Trust on 21 November 2018. Please accept my apologies for the delay in acknowledging receipt of your request. Within UHL NHS Trust, Freedom of Information Act requests are managed centrally by the Corporate and Committee Services Team, and I confirm that your request is now being handled under the Freedom of Information Act 2000.

The Trust will endeavour to provide a response within the required 20 working-day deadline. I will, of course, keep you informed should this not prove possible for any reason. If we require any clarification on your request, we will contact you as soon as possible.

All requesters are advised that the Trust may make a charge for providing the information to them, to cover the cost of photocopying, postage and packaging etc – I confirm that where these costs are below £5.00 in total, no charge will be made. All requesters are also advised that there may also be a charge payable to cover costs of locating the information they have requested, as laid down in the Freedom of Information Act Regulations published by the Government in December 2004. Naturally, if such a charge is to be applied to your request, you will be informed as soon as possible.

Yours sincerely,

Gill Belton
Corporate and Committee Services Officer
Belgrave House, Leicester General Hospital site
University Hospitals of Leicester NHS Trust

Information contained in emails may be subject to disclosure under the Freedom of Information Act 2000, and confidentiality cannot therefore be guaranteed. Please ensure that all emails are accurate and appropriate, and are retained / deleted in accordance with good practice and any policies of the Trust.

If you are not the intended recipient of this email, please inform the sender, delete the email from your system and destroy any copies you may have made.

dangos adrannau a ddyfynnir

FOI - Freedom of Information, University Hospitals of Leicester NHS Trust

Corporate and Legal Affairs – Corporate and Committee Services

Our Reference: GB/FOI/40374

18 December 2018

Dear Ms Stevens,

Request for Information

Thank you for your Freedom of Information Act (FOI) request, as received on 21 November 2018 and acknowledged on 30 November 2018. For information, the University Hospitals of Leicester NHS Trust is one of the largest and busiest NHS teaching Trusts in the country incorporating the Leicester Royal Infirmary, Glenfield and Leicester General Hospitals. Our three hospitals have around 15,000 staff serving around 1.2 million people across Leicester, Leicestershire and Rutland, and a further two to three million people from the rest of the UK who come to us for treatment from one of our specialist services. During 2017/18 we treated 1,410,500 patients - that’s 3,864 patients each day.

Following consultation with colleagues from the Information Management and Technology Directorate, I confirm that the University Hospitals of Leicester NHS Trust holds information covered by your FOI request. In your Freedom of Information Act request, you asked for the following information and the Trust’s response is provided below following your request:-

1. How many times have the Trust breached the 30 days compliance time with regards to SAR Requests under the new GDR policy of 28.5.2018?

• Please give statistics for the past 5.5 calendar months?

2. How many Data protection breaches have there been under the new GDPR Policy of 2018 with regards to Patients records and medical files being shared wrongly with a third party other than the Trust?

• Please disclose statistics for the past 5.5 calendar months?

3. How many Patients have been denied receiving their medical documents under the new GDPR policy 2018?

• Please give statistics for the past 5.5 calendar months and the reason why the request was denied.

4. How many times have patient notes and medical files gone missing and never been found? In the past 5.5 calendar months?

5. How many times in the past 5.5 calendar months has the Trust informed the Information Commissioner about serious Data protection breaches in the past 5.5.calendar months. How many times have they breached the 72 hours compliance time with regards to the former?

I am advised by colleagues that providing a response to question 3 of your request would exceed the ‘appropriate limit’ of 18 hours (Section 12 of the Freedom of Information Act 2000 refers). This is because a manual review would need to be undertaken of 2137 individual cases in order to determine if any of the requests had been refused and why. Estimating 10 minutes to review each individual case, it would take approximately 356 hours to undertake this work. Accordingly, and in reliance upon Section 12, the Trust does not intend to undertake this work.

However, under the Trust’s (Section 16) duty to advise and assist, the Trust can respond to questions 1, 2, 4 and 5 of your request within the ‘appropriate limit’ of 18 hours, as follows:-

1. How many times have the Trust breached the 30 days compliance time with regards to SAR Requests under the new GDR policy of 28.5.2028.

• Please give statistics for the past 5.5 calendar months?

2152 subject access requests were received between 28.5.18 and 23.11.18, of which 357 were provided over 30 days (i.e. 16.6%).

2. How many Data protection breaches have there been under the new GDPR Policy of 2018 with regards to Patients records and medical files being shared wrongly with a third party other than the Trust?

• Please give statistics for the past 5.5 calendar months?

Two.

4. How many times have patient notes and medical files gone missing and never been found? In the past 5.5 calendar months?

Eight (based upon a search of electronic records held on the Trust’s Datix System).

5. How many times in the past 5.5 calendar months has the Trust informed the Information Commissioner about serious Data protection breaches in the past 5.5 calendar months? Once.
How many times have they breached the 72 hours compliance time with regards to the former? None.

I hope that this response is helpful and provides you with the information requested (where available). If you require any further assistance please do not hesitate to contact me. If you are dissatisfied with the Trust’s response, you can contact the Director of Corporate and Legal Affairs on Tel. No. 0116 258 8615 to request a copy of UHL’s Freedom of Information Act complaints procedure.

We must advise you that where we have provided information we have done so subject to the provisions of the Re-use of Public Sector Information Regulations 2005. Accordingly you must not re-use this information without having the consent of the Trust. Where the Trust is prepared to provide its consent then it may levy a charge for doing so. Should you wish to re-use documents provided then you must make your request in writing stating your name and your address for correspondence together with the document that you wish to re-use and the purpose for which the information is to be re-used.

In the event that you remain dissatisfied with the way in which the Trust has handled any complaint that you may wish to make, we would advise you of your right to complain to the Information Commissioner at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely,

Gill Belton
Corporate and Committee Services Officer
Belgrave House, Leicester General Hospital site
University Hospitals of Leicester NHS Trust

Information contained in emails may be subject to disclosure under the Freedom of Information Act 2000, and confidentiality cannot therefore be guaranteed. Please ensure that all emails are accurate and appropriate, and are retained / deleted in accordance with good practice and any policies of the Trust.

If you are not the intended recipient of this email, please inform the sender, delete the email from your system and destroy any copies you may have made.

dangos adrannau a ddyfynnir

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