Information regarding care.data2 - the General Practice Data for Planning and Reserach extraction
Dr Neil Bhatia made this Freedom of Information request to NHS Digital This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear NHS Digital,
I would like to make a request under the FOI Act.
For the purposes of the Act, please take the date of your receipt of this request as 13th May 2021.
I am interested in NHS Digital's newly announced "care.data2" scheme - the General Practice Data for Planning and Research extraction.
https://digital.nhs.uk/data-and-informat...
I would like the following information please:
• The latest version of the Data Protection Impact Assessment (DPIA) for this project
Whilst I understand NHS Digital's assertion that a Type 1 opt-out recorded in a patient's GP record *after* 1st July will not *automatically* delete their personal confidential information, as had been extracted and uploaded to NHS Digitial, it is clear that NHS Digital can - and, in some cases, will - reidentify individuals and, therefore, their personal information dataset.
Accordingly, please could you tell me the process by which patients can apply (on an individual basis) to NHS Digital to ensure permanent erasure of all such information about them, as extracted and uploaded under GPDPR.
Such patients would have (by now) already expressed a Type 1 opt-out to their GP surgery.
• To whom do they apply (name/role/address/email etc)?
• Is there a specific form that they must use to request deletion? Please provide this, or a link to it
• If not already detailed in the form, how are patients expected to verify their identity?
• How long will NHS Digital take to delete the information?
• Is there a cost to an individual in requesting deletion of their "GPDPR" data?
Finally, please could you describe the process by which an individual can exert their data subject right of access, in order to obtain a copy (DSAR) of their "GPDPR" data as held by NHS Digital.
• Again, to whom do they apply, is there a form, how is identity verified?
As per Section 1(4) of the FOI Act
( http://www.legislation.gov.uk/ukpga/2000... ) 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.
I wish to receive the information by email. As per the Act, I have provided you with a valid return address, namely the unique email address that this request originates from.
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.legislation.gov.uk/ukpga/2000... ). 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 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”).
Kind regards,
Dr Nei Bhatial
GP, IG/FOI/Records Access lead, Caldicott Guardian, Data Privacy Officer, Data Protection Officer, Data Autonomy Advocate
www.nhsdatasharing.info
Ref: NIC-458613-J1B0K
Dear Nei Bhatial,
We are writing to acknowledge that your request for information was
received by NHS Digital on 13/05/21 and is currently being considered.
If NHS Digital is able to provide you with the information you have
requested, then under the Freedom of Information (FOI) Act you are
entitled to receive it promptly and in any event no later than the 20th
working day following the date of receipt. However, we may need to contact
you to clarify your request. If this is required we aim to do this
promptly but no later than 7 days after receiving your initial request for
information.
The FOI Act provides a 'General right of access to information held by
public authorities'. However, it also defines a number of exemptions
which may prevent the release of some or all of the information you have
requested. Therefore, NHS Digital will assess your information request in
light of any relevant exemptions.
If exemptions do apply, then NHS Digital may decide not to release all, or
part, of the information you have requested. I shall inform you if this is
the case, and advise you of your rights of appeal.
If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken as to whether to
release the information to you.
The response to your request will be sent to you by email, however if you
require your response in any other format, please contact us to discuss a
suitable format.
NHS Digital will not normally charge a fee to provide you with the
information you have requested, unless the cost of dealing with your
request is more than £450 as outlined in Section 12 of the FOI Act and
Section 3 of the The FOI and Data Protection (Appropriate Limit and Fees)
Regulations 2004. If it appears likely that your request will cost more,
then NHS Digital is able to refuse to supply the information. As per our
obligations under Section 16 of the FOI Act, every effort will be made to
provide you with details of how you may be able to reframe your request in
order for us to complete the required work within the (£450 / 18 person
hours) cost limit.
If you have any queries or should you wish to make a complaint about the
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hesitate to contact us at [1][NHS Digital request email] in the first
instance. Any complaints will be investigated in accordance with NHS
Digital's complaints procedure.
Further information about your rights under the Freedom of Information
Act, is available from the Information Commissioner's Office, Wilmslow,
Cheshire and on the NHS Digital website.
Kind Regards,
Contact Centre Team
NHS Digital
[2]www.digital.nhs.uk
0300 303 5678
[3][NHS Digital request email]
1 Trevelyan Square | Boar Lane | Leeds | LS1 6AE
You can find out more about our service, including our response times and
customer charter on the NHS Digital website:
[4]https://digital.nhs.uk/about-nhs-digital...
[5]Privacy and cookies
------------------- Original Message
Please use this email address for all replies to this request:
[FOI #754805 email]
Is [NHS Digital request email] the wrong address for Freedom of
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Please note that in some cases publication of requests and responses will
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If you find this service useful as an FOI officer, please ask your web
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References
Visible links
1. mailto:[NHS Digital request email]
2. http://www.digital.nhs.uk/
3. mailto:[NHS Digital request email]
4. https://digital.nhs.uk/about-nhs-digital...
5. https://digital.nhs.uk/about-nhs-digital...
6. https://digital.nhs.uk/data-and-informat...
7. http://www.legislation.gov.uk/ukpga/2000...
8. http://www.legislation.gov.uk/ukpga/2000...
9. http://www.nhsdatasharing.info/
10. https://www.whatdotheyknow.com/change_re...
11. https://www.whatdotheyknow.com/help/offi...
12. https://www.whatdotheyknow.com/help/ico-...
Ref: NIC-458613-J1B0K
Dear Nei Bhatial,
Many thanks for your recent request to NHS Digital.
We have now received a reply to this from our colleagues in the
Information Governance team.
Please see the attached file(s).
Kind Regards,
Contact Centre Team
NHS Digital
[1]www.digital.nhs.uk
0300 303 5678
[2][NHS Digital request email]
7&8 Wellington Place | Leeds | LS1 4AP
[3]Privacy and cookies
------------------- Original Message
Please use this email address for all replies to this request:
[11][FOI #754805 email]
Is [12][NHS Digital request email] the wrong address for Freedom of
Information requests to NHS Digital? If so, please contact us using this
form:
[13]https://www.whatdotheyknow.com/change_re...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[14]https://www.whatdotheyknow.com/help/offi...
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[15]https://www.whatdotheyknow.com/help/ico-...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
1. http://www.digital.nhs.uk/
2. mailto:[NHS Digital request email]
3. https://digital.nhs.uk/about-nhs-digital...
4. mailto:[FOI #754805 email]
5. mailto:[NHS Digital request email]
6. mailto:[email address]
7. mailto:[NHS Digital request email]
8. https://digital.nhs.uk/data-and-informat...
9. http://www.legislation.gov.uk/ukpga/2000...
10. http://www.legislation.gov.uk/ukpga/2000...
11. mailto:[FOI #754805 email]
12. mailto:[NHS Digital request email]
13. https://www.whatdotheyknow.com/change_re...
14. https://www.whatdotheyknow.com/help/offi...
15. https://www.whatdotheyknow.com/help/ico-...
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Dr Neil Bhatia left an annotation ()
More information about GPDPR/care.data2 can be found at my site:
www.gpdpr.info