Managing Information Disclosure Requests

The request was successful.

Dear Western Sussex Hospitals NHS Foundation Trust,

I am currently researching what software solutions are used to manage and track FOI, Subject Access and other DPA/GDPR related disclosure requests and would be most grateful if you would provide me, under the Freedom of Information Act, details in respect to the contract below.

The details we require are:

• What, if any, bespoke software is used for managing and tracking FOI, Subject Access, DPA disclosure requests?
• If bespoke software is used, what was the start date, duration and value of the contract?
• Is there an extension clause in the contract and, if so, the duration of the extension?
• Has a decision been made yet on whether the contract is are being either extended or renewed?
• Who is the senior officer/s (outside of procurement) responsible for managing the FOI, Subject Access, DPA disclosure request process?

Thank you for your help.

Yours faithfully,

Michael Acton

FREEDOMOFINFORMATION (WESTERN SUSSEX HOSPITALS NHS FOUNDATION TRUST),

 

Thank you for contacting the Freedom of Information (FOI) Office at
Western Sussex Hospitals NHS Foundation Trust.  This is an automated
response that confirms we have received your correspondence.

As you will be aware, the NHS is supporting the country in dealing with
the coronavirus (COVID-19) pandemic.  The Trust is playing our part in
this important work and therefore our resources are focused on direct
patient care and support.  This means that our ability to respond to your
request within the statutory timeframe is more challenging.  

The ICO supports the position that organisations, especially the NHS, may
need to ‘prioritise other areas or adapt our usual approach during this
extraordinary period’.  You can access the statement by the ICO on their
website -
[1]https://ico.org.uk/about-the-ico/news-an...

We kindly ask for your support at this difficult time.  If your request
for information can be withdrawn and resubmitted after the NHS’s actions
to resolve the Covid-19 pandemic have been successful, that would be
appreciated.  If you feel you can support the NHS and withdraw you
request, for resubmission later, please let us know by emailing the FOI
Office at - [Western Sussex Hospitals NHS Foundation Trust request email]  

If you are trying to request personal medical information, this is called
a Subject Access Request and is not processed by the FOI Office. 
Information about how to access your personal health records can be found
on our website -
[2]https://www.westernsussexhospitals.nhs.u...

We appreciate your understanding in this matter.

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[9]www.westernsussexhospitals.nhs.uk

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FREEDOMOFINFORMATION (WESTERN SUSSEX HOSPITALS NHS FOUNDATION TRUST),

5 Attachments

 

Thank you for contacting the Freedom of Information (FOI) Office at
Western Sussex Hospitals NHS Foundation Trust.  This email confirms that
we have received your correspondence.

 

The NHS continues to face unprecedented challenges associated with the
coronavirus (Covid-19) pandemic.  While we will make every effort to
respond to your request for information our staff remain focused on
supporting patient care and restoring vital healthcare services.

 

We will now begin processing your FOI request.  Under the terms of the Act
the Trust has 20 working days in which to respond.  It is important to
stress that staff availability for information rights work will remain
limited for quite some time.  It will not be possible for us to process
large FOI requests that require an unreasonable amount of staff resources
to complete.  We kindly ask that requests for information are kept to a
minimum.  If you would like to revise or withdraw you request please let
us know by emailing the FOI Office at - [1][email address]    

 

We appreciate your patience and understanding.

 

Yours sincerely,

 

Freedom of Information Office

Western Sussex Hospitals NHS Foundation Trust

 

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[7]www.westernsussexhospitals.nhs.uk

The information contained in this e-mail may be subject to public
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E-mails are not considered a secure medium for sending personal, sensitive
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FREEDOMOFINFORMATION (WESTERN SUSSEX HOSPITALS NHS FOUNDATION TRUST),

6 Attachments

Dear  Michael,

 

Thank you for your recent request for information under the Freedom of
Information (FOI) Act 2000.

 

We are now in a position to respond to your request.

 

Your request:

  

1. What, if any, bespoke software is used for managing and tracking FOI,
Subject Access, DPA disclosure requests?

 

2.  If bespoke software is used, what was the start date, duration and
value of the contract?

 

3.  Is there an extension clause in the contract and, if so, the duration
of the extension?

 

4.  Has a decision been made yet on whether the contract is are being
either extended or renewed?

 

5.  Who is the senior officer/s (outside of procurement) responsible for
managing the FOI, Subject Access, DPA disclosure request process?

 

 Our response:

 

Under Section 1(1)(a) of the Freedom of Information Act (FOIA), the Trust
can confirm that it holds information relevant to your request and this
has been provided where possible below.

 

 

1.            The Trust does not use specific, bespoke software for
managing FOI / DPA requests.  

                 DATIX is used to manage & track Subject Access Requests.

                Contract value – Section 43 exemption applies:

We are unable to provide the contract value for this service on the basis
that this is commercially sensitive information and therefore exempt under
s.43(2) commercial interest exemption.

 

Section 43(2) of the FOIA states that: “Information is exempt information
if its disclosure under this Act would, or would be likely to, prejudice
the commercial interests of any person (including the public authority
holding it).” According to ICO guidance, a ‘commercial interest’ is
defined as follows “…a commercial interest relates to a person’s ability
to participate competitively in a commercial activity, i.e. the purchase
and sale of goods or services.”

 

Should the Trust disclose the details you are seeking, this would put the
organisation at a significant disadvantage when negotiating future
contracts and would likely result in higher costs to the Trust.
Additionally, once disclosed into the public domain this information could
be used by competitors to our current supplier in order to strengthen
their own bargaining position and gain an unfair advantage in the
marketplace (e.g. when tendering for contracts), regardless of whether
they were bidding on contracts for the Trust or for other organisations.

 

Section 43 is a qualified exemption, therefore the public interest in
withholding the information should outweigh the public interest in its
disclosure. The Trust has carried out the requisite public interest test
and while disclosure of this information would provide additional
transparency about the costs associated with such services, it is not
outweighed by the commercial prejudice disclosure will cause to the Trust
or our current supplier. Disclosure in this case would undermine the
Trust’s trading position and business aims and ultimately impact on its
ability to negotiate the most cost effective healthcare services for the
taxpayer. For these reasons, the Trust has decided that it is in the
public interest to withhold this information at this time.

 

2.            DATIX (RICH CLIENT) 2010- Contract renewed until 2020.

 

3.               N/A

 

4.               RLDATIX IQ new contract 2020

 

5.               *Section 40 exemption applies:  The names of staff
working in public authorities are considered ‘personal data’ as defined by
Article 4(1) of GDPR and S.3 of the Data Protection Act (DPA) 2018. 
Disclosing        personal information                 under the FOIA
constitutes ‘processing’.  There are six lawful bases for ‘processing’ in
Article 6 of the GDPR, with only consent or legitimate interests relevant
to disclosure under the      FOIA.  We have therefore considered the
legitimate interests regarding the disclosure of this information relevant
to our staff, if disclosure is necessary in this case, and does any
legitimate interest outweigh             the interest and rights of the
staff concerned.

 

ICO guidance advises: “The more senior an employee is and the more
responsibility they have for decision making and expenditure of public
money, the greater their expectation should be that you disclose their
names.”  It is our view that these staff do not meet the Information
Commissioner’s suggested criteria for disclosure and that they would not
have a reasonable expectation that their names would be disclosed into the
public domain in this way.  On this basis, we do not consider there to be
sufficient legitimate interest supporting the disclosure of this
information and the names/contact details you are seeking are therefore
exempt under section 40(2) [personal information] exemption of the Act. 
The engagement of s.40(2) in this case is considered absolute and is not
subject to public interest considerations.

 

As with most other NHS organisations, we are not of the view that it is in
the Trust’s best interests to routinely release the names and contact
details of our staff into the public domain through the FOIA.  This is to
safeguard our staff from companies that may misuse this information.  Our
staff are very busy working to provide the best care possible to our
patients and do not have the spare capacity to receive communication from
external organisations and/or individuals unless appropriate.  The Trust
provides an important and very busy service to the local community and we
appreciate your understanding in this matter.

 

Staff can however, be reached via the Trust’s main switchboard – 01243
788122.

 

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To comply with the Re-use of Public Sector Information Regulations (2005),
this Information is provided to you under the Open Government Licence
(OGL). This licence does not grant you any right to use the Information in
a way that suggests any official status or that Western Sussex Hospitals
NHS Trust  endorse you or your use of the Information. The re-use of this
Information indicates your acceptance of the terms and conditions as set
out in the OGL:
[2]http://www.nationalarchives.gov.uk/doc/o...

 

When you use our information under the OGL, you should include the
following attribution:

 

Western Sussex Hospitals NHS Foundation Trust 2020, licensed under the
Open Government License:
[3]http://www.nationalarchives.gov.uk/doc/o...

 

If you wish to re-use information outside of the licence terms then please
inform the Trust, as unauthorised re-use may be in breach of copyright
law. For information where the copyright is owned by another person or
organisation, you must apply to the copyright owner to obtain their
permission to re-use. Further guidance for the re-use of information can
be found at:
[4]http://nationalarchives.gov.uk/documents...

 

 

If you require clarification or if we can be of any further assistance,
please do not hesitate to contact us at: [5][Western Sussex Hospitals NHS Foundation Trust request email]

 

 

If after contacting us with any questions or concerns you remain
dissatisfied with the outcome of your enquiry, you have the right to
appeal. Please email us or write to:

 

Western Sussex Hospitals NHS Foundation Trust
Freedom of Information Office

St Richards Hospital

Spitalfields Lane

CHICHESTER

PO19 6SE

 

If you are still not satisfied with the outcome of your appeal after we
have reviewed your complaint, you can write to:

 

The Information Commissioner
Wycliffe House
Water Lane
WILMSLOW
SK9 5AF
Telephone: 01625 545700

 

We hope that you find the information provided helpful.

 

Yours sincerely

 

Freedom of Information Office

Western Sussex Hospitals NHS Foundation Trust

 

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[11]www.westernsussexhospitals.nhs.uk

The information contained in this e-mail may be subject to public
disclosure under the NHS Code of Openness or the Freedom of Information
Act 2000.

Any processing, redistribution, disclosure, or reproduction of this
message, except as intended is prohibited. Unless the information is
legally exempt from disclosure, the confidentiality of this e-mail and
your reply cannot be guaranteed.

If you received this e-mail in error, please notify the sender and remove
all copies of the message, including any attachments. Any views or
opinions expressed in this e-mail (unless otherwise stated) may not
represent those of Western Sussex Hospitals NHS Foundation Trust.

E-mails are not considered a secure medium for sending personal, sensitive
or confidential information outside the Trust network unless encrypted and
may therefore be at risk.

 

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