Dear NHS England,

Thank you for all your previous responses.

I would like to make a further request under the FOI Act.

For the purposes of the Act, please take the date of your receipt of this request as 15th April 2016.

** Please direct this request to Midlands and Lancashire Commissioning Support Unit **

I am interested in the North Staffs and Stoke-on-Trent Shared Record, as referenced here:
http://www.northstaffsccg.nhs.uk/shared-...

The shared information is held on servers held at the Midlands and Lancashire Commissioning Support Unit (CSU) servers. As such, they are the data controller for this database.

Both NHS North Staffs CCG and Stoke-On-Trent CCG do not hold the information that I am requesting, as the CSU has made clear to me (directing me to make this FOI request to them, via NHS England).

If I may, for the purposes of this request, I will refer to your shared record as the NSSR.

Please could you provide me with the following information:

1) Please could you tell me which other organisations are extracting and uploading information to the NSSR, other than GP practices within the 2 CCGs

2) Please could you tell me which particular read code(s) are GP practices advised to add to the patient record when a patient dissents from the NSSR (for example, 93C1, 93C3 etc)

3) Please could you tell me whether the presence of the 93C1/EMIS Web data sharing dissent read code in the GP record prohibits extraction and uploading to the NSSR completely (and therefore any subsequent processing for secondary purposes), if not answered in 2) above

4) Please could you tell me whether the presence of the Summary Care Record opt-out 93C3/ XaKRy read code in the GP record prohibits extraction and uploading to the NSSR completely (and therefore any subsequent processing for secondary purposes), if not answered in 2) above

5) Please could you tell me whether the presence of the Summary Care Record opt-out 9Ndo/XaXj6 read code in the GP record:
a) prohibits extraction and uploading to the NSSR completely, and/or
b) prohibits the processing (and subsequent dissemination) of any uploaded data for secondary purposes (without affecting primary uses of that data)

6) Please could you tell me whether the presence of the 9Nd1/XaKll read code in the GP record:
a) prohibits extraction and uploading to the NSSR completely and/or
b) prohibits the processing (and subsequent dissemination) of any uploaded data for secondary purposes (without affecting primary uses of that data)

I am particularly interested in any secondary uses of information held by the NSSR (such as healthcare planning, research, commissioning, risk stratification, commercial or political uses).

7) Please could you tell me whether the presence of the 9Nu0/XaZ89 read code in the GP record:
a) prohibits extraction and uploading to the NSSR completely and/or
b) prohibits the processing (and subsequent dissemination) of any uploaded data for secondary purposes (without affecting primary uses of that data)

8) Please could you tell me whether the presence of the 9Nu4/XaaVL read code in the GP record:
a) prohibits extraction and uploading to the NSSR completely and/or
b) prohibits the processing (and subsequent dissemination) of any uploaded data for secondary purposes (without affecting primary uses of that data)

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 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").

Thank you very much once again.

Yours sincerely,

Dr Neil Bhatia

Contactus England (HEALTH AND SOCIAL CARE INFORMATION CENTRE), NHS England

Thank you for contacting the NHS England Customer Contact Centre. Our
office is currently closed.  Our opening hours are:

 

Monday - Tuesday:  8am to 6pm

Wednesday:  9.30 am to 6pm

Thursday - Friday:  8am to 6pm

 

We are closed at weekends.

 

If you require medical advice please contact your GP, your local NHS Walk
In or Urgent Care Centre or call 111. For emergency medical attention,
please dial 999 or attend your local accident and emergency department if
you are able to do so.

There is also a wide range of helpful information available on the [1]NHS
Choices website

This is an automated message; please do not reply as your e-mail will not
be looked at.

show quoted sections

References

Visible links
1. NHS Choices website
http://www.nhs.uk/

FOI England (NHS ENGLAND), NHS England

Dear Dr Bhatia,

 

Thank you for your Freedom of Information (FOI) request, dated 15 April
2016.

 

Please be assured that your request is being dealt with under the terms of
the Freedom of Information Act 2000 and will be answered within twenty
working days.

 

If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email]  and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email]  .

 

Yours sincerely,

 

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

Dear Dr Bhatia,

 

Re:      Freedom of Information request (Our Ref – FOI: 010501)

 

Thank you for your Freedom of Information (FOI) request dated 15 April
2016.

 

Your exact request was:

 

“For the purposes of the Act, please take the date of your receipt of this
request as 15th April 2016.

 

** Please direct this request to Midlands and Lancashire Commissioning
Support Unit **

 

I am interested in the North Staffs and Stoke-on-Trent Shared Record, as
referenced here:

[1]http://www.northstaffsccg.nhs.uk/shared-...

 

The shared information is held on servers held at the Midlands and
Lancashire Commissioning Support Unit (CSU) servers. As such, they are the
data controller for this database.

 

Both NHS North Staffs CCG and Stoke-On-Trent CCG do not hold the
information that I am requesting, as the CSU has made clear to me
(directing me to make this FOI request to them, via NHS England).

 

If I may, for the purposes of this request, I will refer to your shared
record as the NSSR.

 

Please could you provide me with the following information:

 

1)         Please could you tell me which other organisations are
extracting and uploading information to the NSSR, other than GP practices
within the 2 CCGs

 

2)         Please could you tell me which particular read code(s) are GP
practices advised to add to the patient record when a patient dissents
from the NSSR (for example, 93C1, 93C3 etc)

 

3)         Please could you tell me whether the presence of the 93C1/EMIS
Web data sharing dissent read code in the GP record prohibits extraction
and uploading to the NSSR completely (and therefore any subsequent
processing for secondary purposes), if not answered in 2) above

 

4)         Please could you tell me whether the presence of the Summary
Care Record opt-out 93C3/ XaKRy read code in the GP record prohibits
extraction and uploading to the NSSR completely (and therefore any
subsequent processing for secondary purposes), if not answered in 2) above

 

5)         Please could you tell me whether the presence of the Summary
Care Record opt-out 9Ndo/XaXj6 read code in the GP record:

            a) prohibits extraction and uploading to the NSSR completely,
and/or

            b) prohibits the processing (and subsequent dissemination) of
any uploaded data for secondary purposes (without affecting primary uses
of that data)

 

6)         Please could you tell me whether the presence of the 9Nd1/XaKll
read code in the GP record:

            a) prohibits extraction and uploading to the NSSR completely
and/or

            b) prohibits the processing (and subsequent dissemination) of
any uploaded data for secondary purposes (without affecting primary uses
of that data)

 

I am particularly interested in any secondary uses of information held by
the NSSR (such as healthcare planning, research, commissioning, risk
stratification, commercial or political uses).

 

7)         Please could you tell me whether the presence of the 9Nu0/XaZ89
read code in the GP record:

            a) prohibits extraction and uploading to the NSSR completely
and/or

            b) prohibits the processing (and subsequent dissemination) of
any uploaded data for secondary purposes (without affecting primary uses
of that data)

 

8)         Please could you tell me whether the presence of the 9Nu4/XaaVL
read code in the GP record:

            a) prohibits extraction and uploading to the NSSR completely
and/or

            b) prohibits the processing (and subsequent dissemination) of
any uploaded data for secondary purposes (without affecting primary uses
of that data)”

 

NHS England does not hold this information.

 

The information requested is held by the relevant Clinical Commissioning
Groups (CCGs), which in this case are Stoke on Trent CCG and North
Staffordshire CCG. As such, you may wish to redirect your request.

 

You can submit an FOI request to Stoke on Trent CCG by emailing:

 

·         [2][email address]

You can submit an FOI request to North Staffordshire CCG by emailing:

 

·         [3][email address]

 

We hope this information is helpful. However, if you are dissatisfied, you
have the right to ask for an internal review by writing to us, within two
months of the date of this letter, to:

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [4][NHS England request email]

 

Please quote the reference number FOI: 010501 in any future
communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [5][email address]  

Website: [6]www.ico.gov.uk

 

Please note there is no charge for making an appeal.

 

Please be aware that in line with the Information Commissioner’s directive
on the disclosure of information under the FOI Act, your request will be
anonymised and published on our website as part of our disclosure log.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [7][NHS England request email].

 

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [8][NHS England request email]

 

show quoted sections

References

Visible links
1. http://www.northstaffsccg.nhs.uk/shared-...
2. mailto:[email address]
3. mailto:[email address]
4. mailto:[NHS England request email]
5. mailto:[email address]
6. http://www.ico.gov.uk/
7. mailto:[NHS England request email]
8. mailto:[NHS England request email]

Dear NHS England,

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

I am writing to request an internal review of NHS England's handling of my FOI request 'North Staffs Shared Record'.

When I made this request to you, I made it clear that North Staffs CCG did not hold this information, and that they had directed me to you:

"I can confirm that NHS North Staffordshire CCG does not hold the information falling within the terms of your request. Please redirect your request to NHS England."

You can see their response here:
https://dl.dropboxusercontent.com/u/1415...

When I made this request to you, I made it clear that Stoke-on-Trent CCG did not hold this information, and that they had directed me to you:

"I can confirm that NHS Stoke-on-Trent CCG does not hold the information falling within the terms of your request. Please redirect your request to NHS England."
You can see their response here:
https://dl.dropboxusercontent.com/u/1415...

I had already contact the CSU:
https://dl.dropboxusercontent.com/u/1415...

and they directed me to the CCG as per that email.

Clearly, this shared record database is entirely autonomous, with no human data controllers, and no organisation responsible for information governance.

It is the responsibility of NHS England to show that it has complied with the Act. In doing so, it must:

•assume that the public interest test starts with a presumption of disclosure
•show that the information is has withheld is exempt
•show that the public interest in keeping the exempt information confidential is greater that the public interest in its disclosure
•and if it cannot meet both the above tests, the information that I have requested must be disclosed

I would like to stress some of the reasons information should be disclosed in the public interest, namely to ensure that :

•there is informed public debate about significant decisions made by the authority
•the public are able to participate effectively in decisions affecting them
•there is adequate scrutiny of the decision-making process as regards NHS England functions
•NHS England is accountable and transparent in the spending of public money – particularly so within this economic climate
•the public is not deceived about the way that NHS England operates
•NHS England deals fairly with the public

In addition, public interest tests should not take into account:

•possible embarrassment of government or other public authority officials
•the seniority of persons involved in the subject matter
•possible loss of confidence in government or other public authority
•possible loss of confidence in the North Staffs Shared Record, or any other IT programme that NHS England is responsible for, or involved in, or responsible for co-coordinating FOI requests about

As regards the internal review, I would like to stress the following:

•The Information Commissioner considers it important that internal reviews are completed as promptly as possible.
•The Information Commissioner considers that a reasonable time for completing an internal review is 20 working days from the date of the request for review.
•There is also an implied recommendation, supported by guidance issued by the Department for Constitutional Affairs, that the complainant should be kept fully informed throughout the review process.
•The Information Commissioner does not expect an internal review of a response to an FOI request to have more than one stage.
•The Secretary of State for Constitutional Affairs' Code of Practice on the discharge of public authorities' functions under Part I of the Freedom of Information Act 2000 states the following: “Where the complaint concerns a request for information under the general rights of access, the review should be undertaken by someone senior to the person who took the original decision, where this is reasonably practicable.”

Accordingly I would expect completion of the review within 20 working days.

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

Yours faithfully,

Dr Neil Bhatia

Dr Neil Bhatia left an annotation ()

North Staffs CCG suddenly got back to me.... :

NSSR is extracted via Graphnet on behalf of all eligible practices. It should be noted that GP practices using SystmOne have not have their data extracted, as Graphnet has not been able to integrate.

93C1 - Refused consent for upload to local shared electronic record.

The code of 93C1 is completely separate to that of all other opt-out codes and any other opt-out codes do not prohibit extraction to NSSR.

More information about NHS data sharing, including:

• care.data
• The Summary Care Record,
• The Hampshire Health Record
• The Berkshire Health Record (Connected Care)
• The Manchester Care Record
• The Stockport Health and Care Record
• The Salford Integrated Record
• The West Cheshire Care Record
• The North Staffs and Stoke-on-Trent Shared Record
• The Dorset Care Record
• Secondary uses of your information
• Local data streaming initiatives
• The HSCIC
• Google DeepMind & the Royal Free NHSFT

can be found at:

www.nhsdatasharing.info

FOI England (NHS ENGLAND), NHS England

Dear Dr Bhatia,

 

Thank you for email dated 11 May 2016. Please accept our apology for the
delay in reply. Please see this email as acknowledgement of your Internal
Review request.

 

We endeavour to respond to Internal Reviews within 20 working days.
However, please be aware that on some occasions this has been extended to
40 working days. An officer will be allocated to handle your Internal
Review and will update you accordingly where necessary.

 

If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email] and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email].

 

Yours sincerely,

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

‘High quality care for all, now and for future generations’

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

Dear Dr Bhatia,

 

Re:      Freedom of Information Internal Review outcome

(Our Ref: FOI-010501- IR)

 

Thank you for your Freedom of Information (FOI) Internal Review request
dated 11 May 2016.

 

Your exact request dated 15 April 2016 was:-

 

“** Please direct this request to Midlands and Lancashire Commissioning
Support Unit **

 

I am interested in the North Staffs and Stoke-on-Trent Shared Record, as
referenced here:

[1]http://www.northstaffsccg.nhs.uk/shared-...

 

The shared information is held on servers held at the Midlands and
Lancashire Commissioning Support Unit (CSU) servers. As such, they are the
data controller for this database.

 

Both NHS North Staffs CCG and Stoke-On-Trent CCG do not hold the
information that I am requesting, as the CSU has made clear to me
(directing me to make this FOI request to them, via NHS England).

 

If I may, for the purposes of this request, I will refer to your shared
record as the NSSR.

 

Please could you provide me with the following information:

 

1)         Please could you tell me which other organisations are
extracting and uploading information to the NSSR, other than GP practices
within the 2 CCGs

 

2)         Please could you tell me which particular read code(s) are GP
practices advised to add to the patient record when a patient dissents
from the NSSR (for example, 93C1, 93C3 etc)

 

3)         Please could you tell me whether the presence of the 93C1/EMIS
Web data sharing dissent read code in the GP record prohibits extraction
and uploading to the NSSR completely (and therefore any subsequent
processing for secondary purposes), if not answered in 2) above

 

4)         Please could you tell me whether the presence of the Summary
Care Record opt-out 93C3/ XaKRy read code in the GP record prohibits
extraction and uploading to the NSSR completely (and therefore any
subsequent processing for secondary purposes), if not answered in 2) above

 

5)         Please could you tell me whether the presence of the Summary
Care Record opt-out 9Ndo/XaXj6 read code in the GP record:

            a) prohibits extraction and uploading to the NSSR completely,
and/or

            b) prohibits the processing (and subsequent dissemination) of
any uploaded data for secondary purposes (without affecting primary uses
of that data)

 

6)         Please could you tell me whether the presence of the 9Nd1/XaKll
read code in the GP record:

            a) prohibits extraction and uploading to the NSSR completely
and/or

            b) prohibits the processing (and subsequent dissemination) of
any uploaded data for secondary purposes (without affecting primary uses
of that data)

 

I am particularly interested in any secondary uses of information held by
the NSSR (such as healthcare planning, research, commissioning, risk
stratification, commercial or political uses).

 

7)         Please could you tell me whether the presence of the 9Nu0/XaZ89
read code in the GP record:

            a) prohibits extraction and uploading to the NSSR completely
and/or

            b) prohibits the processing (and subsequent dissemination) of
any uploaded data for secondary purposes (without affecting primary uses
of that data)

 

8)         Please could you tell me whether the presence of the 9Nu4/XaaVL
read code in the GP record:

            a) prohibits extraction and uploading to the NSSR completely
and/or

            b) prohibits the processing (and subsequent dissemination) of
any uploaded data for secondary purposes (without affecting primary uses
of that data)”

 

NHS England provided a response to your request on 11 May 2016.

 

You then requested an Internal Review of the response provided to you on
11 May 2016 with the following:-

 

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

 

I am writing to request an internal review of NHS England's handling of my
FOI request 'North Staffs Shared Record'.

 

When I made this request to you, I made it clear that North Staffs CCG did
not hold this information, and that they had directed me to you:

 

"I can confirm that NHS North Staffordshire CCG does not hold the
information falling within the terms of your request.  Please redirect
your request to NHS England."

 

You can see their response here:

[2]https://dl.dropboxusercontent.com/u/1415...

 

When I made this request to you, I made it clear that Stoke-on-Trent CCG
did not hold this information, and  that they had directed me to you:

 

"I can confirm that NHS Stoke-on-Trent CCG does not hold the information
falling within the terms of your request.  Please redirect your request to
NHS England."

You can see their response here:

[3]https://dl.dropboxusercontent.com/u/1415...

 

I had already contact the CSU:

[4]https://dl.dropboxusercontent.com/u/1415...

 

and they directed me to the CCG as per that email.

 

Clearly, this shared record database is entirely autonomous, with no human
data controllers, and no organisation responsible for information
governance.

 

It is the responsibility of NHS England to show that it has complied with
the Act. In doing so, it must:

 

•assume that the public interest test starts with a presumption of
disclosure •show that the information is has withheld is exempt •show that
the public interest in keeping the exempt information confidential is
greater that the public interest in its disclosure •and if it cannot meet
both the above tests, the information that I have requested must be
disclosed

 

I would like to stress some of the reasons information should be disclosed
in the public interest, namely to ensure that :

 

•there is informed public debate about significant decisions made by the
authority •the public are able to participate effectively in decisions
affecting them •there is adequate scrutiny of the decision-making process
as regards NHS England functions •NHS England is accountable and
transparent in the spending of public money – particularly so within this
economic climate •the public is not deceived about the way that NHS
England operates •NHS England deals fairly with the public

 

In addition, public interest tests should not take into account:

 

•possible embarrassment of government or other public authority officials
•the seniority of persons involved in the subject matter •possible loss of
confidence in government or other public authority •possible loss of
confidence in the North Staffs Shared Record, or any other IT programme
that NHS England is responsible for, or involved in, or responsible for
co-coordinating FOI requests about

 

As regards the internal review, I would like to stress the following:

 

•The Information Commissioner considers it important that internal reviews
are completed as promptly as possible.

•The Information Commissioner considers that a reasonable time for
completing an internal review is 20 working days from the date of the
request for review.

•There is also an implied recommendation, supported by guidance issued by
the Department for Constitutional Affairs, that the complainant should be
kept fully informed throughout the review process.

•The Information Commissioner does not expect an internal review of a
response to an FOI request to have more than one stage.

•The Secretary of State for Constitutional Affairs' Code of Practice on
the discharge of public authorities' functions under Part I of the Freedom
of Information Act 2000 states the following: “Where the complaint
concerns a request for information under the general rights of access, the
review should be undertaken by someone senior to the person who took the
original decision, where this is reasonably practicable.”

 

We can confirm that FOI Management has reviewed your request and we have
set out the outcome of this review below. The purpose of the review is to
assess whether you have received an appropriate response to your original
request.

 

It is noted that NHS England’s response was issued within the statutory
guidelines of 20 working days.

 

We note from your request for an Internal Review that you have stated the
following:

 

“When I made this request to you, I made it clear that North Staffs CCG
did not hold this information, and that they had directed me to you:

 

"I can confirm that NHS North Staffordshire CCG does not hold the
information falling within the terms of your request.  Please redirect
your request to NHS England.”

 

Midlands and Lancashire Commissioning Support Unit (CSU) have confirmed
that they have revised their position and provided a response to your
request, on behalf of the CCG, on 20 May 2016. As such, we can confirm
that the information requested is not held by NHS England and our original
response is upheld.

 

We hope this satisfactorily addresses and explains our handling and
response to your FOI request. However, if you are not content with the
outcome of the internal review, you have the right to apply directly to
the Information Commissioner for a decision. The Information
Commissioner’s Office (ICO) can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

K9 5AF

 

Telephone: 0303 123 1113

Email: [5][email address]  

Website: [6]www.ico.gov.uk

 

Please note there is no charge for making an appeal.

 

Please quote the reference number FOI-010501 (IR) in any future
communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [7][NHS England request email].

 

Yours sincerely,

 

 

 

Freedom of Information

Corporate Communications Team

Transformation and Corporate Operations Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [8][NHS England request email]

 

show quoted sections

References

Visible links
1. http://www.northstaffsccg.nhs.uk/shared-...
2. https://dl.dropboxusercontent.com/u/1415...
3. https://dl.dropboxusercontent.com/u/1415...
4. https://dl.dropboxusercontent.com/u/1415...
5. mailto:[email address]
6. http://www.ico.gov.uk/
7. mailto:[NHS England request email]
8. mailto:[NHS England request email]

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