FREEDOM OF INFORMATION ACT 2000
ENVIRONMENTAL INFORMATION REGULATIONS 2004
SOUTH TYNESIDE NHS FOUNDATION TRUST RESPONSE TO INFORMATION REQUEST
SOUTH TYNESIDE NHS FOUNDATION TRUST RESPONSE TO INFORMATION REQUEST APPEAL
Date Request Received:
14.4.13
Ref
1383
Date Appeal Received:
23.6.13
Summary: Register of payments from pharmaceutical companies
Appeal received:
I am writing to request an internal review of the Trust's handling of my FOI request 'Register of payments from pharmaceutical
companies to staff'.
Staff names are absent from the information released. Even if staff names may be classed as personal data (as defined by the
Data Protection Act) they would be covered by paragraph 6 of Schedule 2 of the Data Protection Act. The release of these data is
"necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data
are disclosed" [1]. Spurling et al's systematic review of how information from pharmaceutical companies impacts physicians'
prescribing reported that, of the studies included which looked at total promotional investment, three "found that total promotional
investment was positively associated with prescribing frequency...Two...found both positive results and no association...One
study did not detect an association" [2]. There is thus a legitimate interest in releasing this register: the available research
suggests that it is plausible that payments received influence how substantial amounts of p ublic money is spent and the type of
care provided to members of the public. Making these data public will open up further opportunities for academic and journalistic
research on the impacts of payments and hospitality. It is important to include the names of those declaring interests: among
other benefits, this will allow more effective scrutiny of Conflicts of Interest and could allow more extensive analysis: for example,
it has been suggested that one could compare declarations on these registers with Conflict of Interest statements on open access
pubmed papers.
For the reasons given above, there is a strong public interest in releasing these data in full. While "requests for the personal data
of a third party are exempt under section 40(2) of the Freedom of Information Act...if disclosure would contravene section 10 of
the Data Protection Act, the right to prevent processing likely to cause damage or distress" [1] I would argue that, even if some of
those named in these documents feel that their release would cause them damage or distress, this is outweighed by the
significant public interest served by releasing these data. Following an internal review, the following information is provided.
Hospital trusts are reportedly meant to keep a register of payments from pharmaceutical companies (and other relevant
companies) to staff, in case of conflicts of interest [1]. I am requesting a copy of the register for this Trust - which I would hope
includes details of all relevant payments to staff and any related potential conflicts of interest. If it would be possible to have this
information in an appropriate structured data format - for example, a CSV file - this would be helpful. If this Trust does not have a
complete register, I would request: the release of the information on this topic that the Trust does hold; and an explanation of why
the Trust does not hold a complete register
In terms of time period, I would be interested in data for the past 5 years.
2011/12
Date offer took
Name/
Accepted/
place
Department
Type
Description
Company
Declined
C Frey
Course fees &
Conference fee for Nordic CRRT days in Dusseldorf, Germany, Hotel
22/05/2011
Anaesthetics
Accom
and meals
Fresenius, Germany
A
V Campbell
10x£5 gift voucher HMV, 10x£5 gift voucher Argos - for children
26/05/2011
Diabetes SN
Vouchers
with diabetes who have achieved good HbAI blood test in clinic
Roche
A
Whole Department
22/07/2011
Nutrition Services
Lunch
Sandwich lunch – departmental educational session
Fresenius Kabi
A
Whole Department
19/08/2011
Nutrition Services
Lunch
Sandwich lunch – departmental educational session
Shire
A
Whole Department
14/10/2011
Nutrition Services
Lunch
Sandwich lunch – departmental educational session
Fresenius Kabi
A
Whole Department
02/12/2011
Nutrition Services
Lunch
Sandwich lunch – departmental educational session
Shire
A
2012/13
Date offer took
Name /
place
Department
Type
Description
Company
Accepted/Declined
L Spence
Fresenius Medical
29/05/2012
Surgery
Travel
Hotel and travel for conference
Care
A
G Balaraj
Fresenius Medical
29/05/2012
Surgery
Travel
Hotel and travel for conference
Care
A
G Mettayil
Boeheinger
17/04/2012
General Medicine
Consultancy
Speaker at conference honorarium of £400.00 (x2)
Ingelheim
A
S Panter
31/05/2012
Endoscopy
Course fees
£300 to cover travel expenses for BSG conference
Ferring
A
M Newton
12/10/2012
Children’s Continence Advisor
Course fees
£200 to cover costs for conference 12.10.12 - 15.10.12
Ferring
A
Whole Department
Fresenius Medical
13/07/2012
Nutrition Services
Lunch
Sandwich lunch – departmental educational session
Care
A
Whole Department
14/09/2012
Nutrition Services
Lunch
Sandwich lunch – departmental educational session
Bayer Healthcare
A
C Sullivan
25/09/2012
Biochemistry
Course fees
Attendance at 'How to manage point of care in your hospital' course
Roche
A
S Panter
22/10/2012
Endoscopy
Travel
Flight hotel and registration at Gastro conference Amsterdam
Warner-Chilcott
A
Prior to 2011, no information available.
Please note – The Trust has strict procedures for deciding which drugs and equipment can be used and individuals are not in a
position to influence that process.
In addition, the trust takes part in a joint Drugs and Therapeutics Committee with the local Clinical Commissioning Group which
determines which drugs can be used.
Date response sent:
17.7.13