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Information rights / governance (FOIA/EIR/DPA)

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Dear Department of Health and Social Care,

1. For the current financial year 2021/22 what is the budget for:
1a. Your organisation as a whole
1b. Your information rights functions i.e. FOIA, subject access requests (SAR), EIR
1c. Your press office or equivalent department?

2. For the last 5 calendar years (i.e. from January 2017 to December 2021) please provide an annual breakdown of the volume of the following in relation to your organisation:
2a. FOIA appeals to the ICO
2b. EIR appeals to the ICO
2c. Subject access requests received
2d. Subject access requests closed
2e. Subject access requests closed in time
2f. Complaints relating to subject access requests
2g. First-tier (information rights) Tribunals
2h. Upper Tribunals or higher

3. In relation to your current open casework please provide the number of open:
3a. FOIA requests
3b. FOIA requests overdue
3c. FOIA requests older than 6 months (measured from the received date)
3d. FOIA requests older than 1 year (measured from the received date)
3e. FOIA Internal reviews
3f. FOIA Internal reviews overdue
3g. FOIA Appeals
3h. EIR requests
3i. EIR requests overdue
3j. EIR Internal Reviews
3k. EIR internal reviews overdue
3l. Subject access requests
For the purposes of this question, any snapshot in time between the date you receive this request and the date of your response is acceptable. However, it would assist me if you could indicate the date upon which the snapshot was taken.

4. For your information rights functions relating to FOIA, SAR and EIR, please provide:
4a. An organisational chart for your information rights unit or department(s) responsible for responding to information rights requests
For each role within your information rights unit/department please provide:
4b. A current job description
4c. Number of full-time equivalent (FTE) staff performing the role
4d. Pay grade/banding including the salary range
4e. Number of direct reports i.e. number of individual staff managed
If not already answered please:
4f. indicate if these roles perform additional core functions or casework.
4g. include the role of your Data Protection Officer in relation to questions 4a-4e
4h. advise where your information rights function sits within the overall structure of your organisation (e.g. Legal, Information Governance, Communications etc.)
4i. Advise whether your organisation operates a centralised or devolved approach to answering FOIA, EIR and SAR requests
4j. Advise what role and banding has primary responsibility in your organisation for managing and drafting responses to casework relating to:
4j i. 1st stage FOIA/EIR requests
4j ii. FOIA/EIR internal reviews
4j iii. FOI and EIR Appeals to the ICO
4j iv. Tribunals (information rights)
4j v. Subject Access requests
4j vi. Complaints relating to subject access requests

5. For the roles with core responsibility for managing and updating your FOI publication scheme, please provide
5a. Job description(s)
5b. Pay grade/banding including the salary range
5c. Number of direct reports i.e. number of individual staff managed
5d. The name(s) of the unit(s)/department(s) the roles come under

6. What case management software and version do you currently use to manage FOIA, EIR and SAR casework?

7. What redaction software do you use to redact information for the purposes of FOIA, EIR and SAR case work?

8. What, if any, external FOIA, EIR or data protection training or certifications has your organisation funded since 2017 for staff with core responsibilities for FOIA, EIR or Data protection compliance?

Yours faithfully,

Mr M. Wilson.

Department of Health and Social Care

This is an acknowledgement - please do not reply to this email.

Thank you for contacting the Department of Health and Social Care. 

We are currently experiencing very high volumes of enquiries and we are
focusing our resources on the Coronavirus (COVID-19) response.

If your enquiry is in relation to the pandemic, the Government has
launched a COVID-19 ‘hub’, which can be found
at [1]www.gov.uk/coronavirus and is regularly updated. 

The answers to many other questions can be found on [2]GOV.UK,
the [3]Department of Health and Social Care website or by visiting
the [4]NHS website. We may not respond to you if the answer to your
enquiry can be found on either of these websites. Where a reply is
appropriate, we aim to send a response within 20 working days.
 
Please note that the department cannot arrange vaccinations. [5]This
webpage gives information on vaccination. You can also contact your GP,
clinical commissioning group or call 119.

 

If you have symptoms of COVID-19 you must get tested as soon as possible.
The swab test takes less than a minute and is pain-free. Results from test
sites are generally received within 24 hours of the test being
administered. Further information, including what symptoms to look out
for, can be found [6]here.
 
If your business is interested in helping the Government increase
COVID-19 testing capacity, please visit [7]this webpage. Please note that
the service that was set up for businesses to offer other COVID-19 support
has closed. If you have a product to sell to the NHS, please visit
[8]https://www.supplychain.nhs.uk/.   
  
Since 15 February 2021, anyone travelling to the UK from a red-list
country has been required to quarantine in a managed quarantine facility
for a period of ten days. There will be periods where no countries are
listed, but the red list remains ready to be stood up should the global
epidemiological situation change. In these circumstances, there is
guidance available on a range of queries.

To find out how to apply for a medical or compassionate exemption, please
visit
[9]www.gov.uk/guidance/exemptions-from-managed-quarantine-for-compassionate-reasons.

If you have been in quarantine and have a complaint about the hotel,
please raise your concerns with the hotel itself in the first instance. If
your complaint is unresolved, please email the complaints team at
[10][email address].
 
If you are writing in connection with an NHS or social care service please
note that the department does not manage health and social services
directly, nor does it process complaints. It also cannot give clinical
advice or intervene in matters concerning patient care or social services.
If you wish to make a complaint about a healthcare professional, an NHS
organisation or a social care provider, please visit [11]this link.

 
If you would like to raise your concerns about a COVID-19 testing
provider, or have any other NHS Test and Trace enquiries, you can
contact [12]NHS Test and Trace enquiries, feedback and complaints. 

Our [13]Personal information charter and [14]privacy notice explain how we
treat your personal information.

 

This e-mail and any attachments is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail. Any views expressed in this
message are not necessarily those of the Department of Health and Social
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References

Visible links
1. https://www.gov.uk/coronavirus
2. https://www.gov.uk/
3. https://www.gov.uk/government/organisati...
4. https://www.nhs.uk/
5. https://eur03.safelinks.protection.outlo...
6. https://www.gov.uk/getting-tested-for-co...
7. https://www.gov.uk/guidance/help-the-gov...
8. https://www.supplychain.nhs.uk/
9. https://eur03.safelinks.protection.outlo...
10. mailto:[email address]
11. https://www.nhs.uk/using-the-nhs/about-t...
12. https://enquiries.test-and-trace.nhs.uk/...
13. https://www.gov.uk/government/organisati...
14. https://www.gov.uk/government/publicatio...

Department of Health and Social Care

1 Attachment

Dear Mr Wilson,

Please find attached the Department of Health and Social Care's response
to your recent FOI request (our ref:FOI-1398276).

Yours sincerely, 

Freedom of Information Team
Department of Health and Social Care

show quoted sections

Dear Department of Health and Social Care,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Information rights / governance (FOIA/EIR/DPA)'.

You have calculated that gathering this information will exceed the cost limit, but I believe that this is an overestimation of the resource required.

It is not clear from your response which question(s) are problematic such that complying with the request 'would significantly exceed the section 12(1) limit'.

While there are a number of questions, they all relate to information (resources, job descriptions and statistics) that should be readily accessible. If this is not the case, it would assist me if you could advise and consider:
- which questions, individually or collectively, would compliance in your estimation exceed the appropriate cost limit
- approximately how many man-hours you calculated or estimated it would take to comply with the request
- whether electronic or paper records would need to be located
- whether a dip sampling exercise has been undertaken
- how many different teams would need to search records; and
- if this is due to your public authority operating a devolved model when responding to requests for information under information rights legislation.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,

Mr Wilson

FreedomofInformation, Department of Health and Social Care

Dear Mr Wilson.

I am writing to inform you we are continuing to gather information in order to respond to your recent request for an internal review into the handling of the above FOI and that we shall require more time to do so. I am expecting to be able to respond by 19 May.

Please accept our apologies for the delay in replying.

Kind regards,

Freedom of information Team.

show quoted sections

Department of Health and Social Care

1 Attachment

Dear Mr Wilson,
 
Please find attached the outcome letter to the internal review
re: FOI-1398276.
 
Yours sincerely,
 
Mr D Stanton
This e-mail and any attachments is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail. Any views expressed in this
message are not necessarily those of the Department of Health and Social
Care. Please note: Incoming and outgoing email messages are routinely
monitored for compliance with our policy on the use of electronic
communications.

We don't know whether the most recent response to this request contains information or not – if you are Mr Wilson please sign in and let everyone know.