Information held by Primary Care Trusts

Tim Turner made this Freedom of Information request to Information Commissioner's Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Information Commissioner's Office did not have the information requested.

Dear Information Commissioner’s Office,

I would like to request information setting out the Information Commissioner's view on access to information formerly held by Primary Care Trusts, including whether the ICO view is that Clinical Commissioning Groups or Commissioning Support Units inherit the FOI responsibilities of the PCTs.

To assist you in restricting any search you might carry out, I am not interested in any discussions or early thinking, or correspondence about what the appropriate position is. My interest is solely in the ICO's current, recorded view on who is responsible for FOI access for PCT-held data, once the PCTs have been abolished.

Yours faithfully,

Tim Turner

Information Commissioner's Office

PROTECT

 

2 April 2013

 

Case Reference Number IRQ0492046

 

Dear Mr Turner

Request for Information
 
Thank you for your correspondence of 29 March 2013. 
 
Your request is being dealt with in accordance with the Freedom of
Information Act 2000. We will respond promptly, and no later than 29 April
2013 which is 20 working days from the day after we received your request.
 
Should you wish to reply to this email, please be careful not to amend the
information in the ‘subject’ field. This will ensure that the information
is added directly to your case. However, please be aware that this is an
automated process; the information will not be read by a member of our
staff until your case is allocated to a request handler.
 
Yours sincerely

Laura Bendall
Sent on behalf of the Information Governance Team

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

Information Commissioner's Office

3 Attachments

PROTECT

 

29 April 2013

 

Case Reference Number IRQ0492046

 

Dear Mr Turner
 
I am writing further to our 2 April acknowledgement of your 29 March
request for information. You asked:
 
“I would like to request information setting out the Information
Commissioner's view on access to information formerly held by Primary Care
Trusts, including whether the ICO view is that Clinical Commissioning
Groups or Commissioning Support Units inherit the FOI responsibilities of
the PCTs.
[…]
My interest is solely in the ICO's current, recorded view on who is
responsible for FOI access for PCT-held data, once the PCTs have been
abolished.”
 
As you know we are dealing with your request in accordance with the
Freedom of Information Act 2000 (FOIA). We are now in a position to
provide our response.
 
We have conducted searches of our records and we do not have a recorded
view of “the ICO's current view on who is responsible for FOI access for
PCT-held data, once the PCTs have been abolished” however, it is our
understanding that there is no straightforward answer to this question,
and it all depends on where responsibility for particular activities has
been transferred.
 
We hold a powerpoint slide which summarises NHS data controllers as at
11/04/2013, attached, which may be of help. We also hold some information
which is relevant to the topic as a whole, and this is provided below:
 
We have a note on our intranet which states:
 
 

“[1]Health sector restructuring
What we are doing and what you should know
This week has seen significant changes to the structure of the health
service in England. As part of the restructuring process, as of 1 April
2013, Strategic Health Authorities (SHAs) and Primary Care Trusts (PCTs)
ceased to exist. Other bodies have been created such as the NHS
Commissioning Board (NHSCB) and Clinical Commissioning Groups (CCG’s).
 
The ICO ‘health cross office group’ has been working with health sector
bodies to provide guidance and support for organisations involved in the
transition, and to put in place internal polices for the ICO including
questions surrounding notification, and how we will deal with outstanding
cases against PCTs and SHAs after the transition period.
 
The health priority group has produced a series of FAQs, alongside a blog
and short video by Dawn Monaghan, discussing how the ICO has been working
to make sure that patients' information continues to be looked after in
compliance with the DPA and FOIA, links to which will be included in this
April’s e-newsletter, due out later today.
 
Read the FAQs [2]here
Read Dawn's blog [3]here
Read the notification internal policy here
Read the DP / FOI cases internal policy here
Directorate and department: Cross office
Modified: 05/04/2013 09:42”

 
The links above will take you to items on the ICO website, in case of
difficulty, the full links are shown below:
 
[4]http://www.ico.org.uk/for_organisations/...
 
[5]http://www.ico.org.uk/news/blog/2013/nhs...
 
The latter two links were to documents stored internally, so I have
removed the links as these would not work. PDF copies of the documents are
attached.
 
This concludes our response, I hope this is of help to you. However as the
situation regarding NHS reform and restructuring is not straightforward,
the Group Manager with responsibility for Health, in the ICO’s Strategic
Liaison department, has offered to call you to discuss any specific
queries you may have, if that would be of assistance to you. If so, I
would be happy to arrange for that, please contact me with a telephone
number you are happy to be contacted on and I will pass that to my
colleague. You can reach me via the telephone number at the bottom of this
email, directly by email at [6][email address] or via the
‘informationgovernance’ email address below.
 
If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Information Governance
Department at the address below or e-mail
[7][email address]
 
Your request for internal review should be submitted to us within 40
working days of receipt by you of this response.  Any such request
received after this time will only be considered at the discretion of the
Commissioner.
 
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the First Contact Team, at the address below or visit the ‘Complaints’
section of our website to make a Freedom of Information Act or
Environmental Information Regulations complaint online.
 
A copy of our review procedure is available [8]here.
 
Yours sincerely
 
Steven Dickinson                 Lead Information Governance Officer
 
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
T. 01625 545676 F. 01625 524510 [9]www.ico.org.uk
 
 
 
 
 

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. http://intranet.child.indigo.local/_layo...
2. http://www.ico.org.uk/for_organisations/...
3. http://www.ico.org.uk/news/blog/2013/nhs...
4. http://www.ico.org.uk/for_organisations/...
5. http://www.ico.org.uk/news/blog/2013/nhs...
6. mailto:[email address]
7. mailto:[email address]
8. http://www.ico.gov.uk/about_us/~/media/d...
9. http://www.ico.org.uk/

Dear Information Commissioner’s Office,

Thanks for the helpful response, and particularly for the offer to speak to the Group Manager. I won't take you up on it purely because any further conversation is - given the nature of the response - unnecessary, and so I don't want to take up any of their time.

Best wishes,

Tim Turner

casework, Information Commissioner's Office

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
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