Organisations opting out of secondary uses by the Hampshire Health Record

The request was successful.

Dear NHS England,

Thank you very much for all your previous FOI responses.

I would like to make another request under the FOI Act.

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

** Please direct this request to NHS South, Central and West CSU **

I am interested in the way that the Hampshire Health Record processes uploaded data for secondary purposes, e.g. the analytics database.

I note with interest that Hampshire Hospitals NHS FT only uploads data for the purposes of the health record (i.e. primary uses); the Trust has opted out of making their data available for secondary uses.

• Please could you provide me with a list of the organisations, contributing/uploading personal confidential data to the HHR, that have also opted out of making their uploaded data available for secondary uses

• Please could you provide me with a list of the organisations, contributing/uploading personal confidential data to the HHR, that have *not* opted out of making their uploaded data available for secondary uses

I am assuming that all GP surgeries are by default opted in to having their uploaded GP data made available for secondary processing (taking into account individual Type 1 objections (9Nu0) that patients might have expressed), and that surgeries cannot "opt-out" of secondary uses (i.e. only allow primary uses of data that they upload). Perhaps you could confirm this.

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 once again.

Yours sincerely,

Dr Neil Bhatia

FOI England (NHS ENGLAND), NHS England

Dear Dh Bhatia,

Thank you for your Freedom of Information (FOI) request, dated 15 March 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 [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, [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: [NHS England request email]

show quoted sections

FOI England (NHS ENGLAND), NHS England

Dear Dr Bhatia,

 

Re:      Freedom of Information request (Our Ref – FOI: 010184)

 

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

 

Your exact request was:

 

“     ** Please direct this request to NHS South, Central and West CSU **

    

     I am interested in the way that the Hampshire Health Record

     processes uploaded data for secondary purposes, e.g. the analytics

     database.

    

     I note with interest that Hampshire Hospitals NHS FT only uploads

     data for the purposes of the health record (i.e. primary uses); the

     Trust has opted out of making their data available for secondary

     uses.

    

1.    Please could you provide me with a list of the organisations,

     contributing/uploading personal confidential data to the HHR, that

     have also opted out of making their uploaded data available for

     secondary uses

    

2.    Please could you provide me with a list of the organisations,

     contributing/uploading personal confidential data to the HHR, that

     have *not* opted out of making their uploaded data available for

     secondary uses

    

     I am assuming that all GP surgeries are by default opted in to

     having their uploaded GP data made available for secondary

     processing (taking into account individual Type 1 objections (9Nu0)

     that patients might have expressed), and that surgeries cannot

     "opt-out" of secondary uses (i.e. only allow primary uses of data

     that they upload). Perhaps you could confirm this.”

 

NHS England holds some information relevant to your request.

 

With regard to the first point contained within your request – NHS England
does not hold this information. You may wish to contact the Hampshire
Hospitals NHS Foundation Trust as they may hold information relating to
this element of your request. We have included the link below to the
Trust’s FOI web page in the hope that this is helpful:

 

·        
[1]http://www.hampshirehospitals.nhs.uk/abo...

 

With regard to the second point contained within your request – as the
information held is in the public domain, we will under Section 21 of the
FOI Act (information accessible to the applicant by other means) refer you
to the published source at the following link:

 

·         [2]http://www.hantshealthrecord.nhs.uk/abou...

 

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: [3][NHS England request email]

 

Please quote the reference number FOI: 010184 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: [4][email address]  

Website: [5]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, [6][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: [7][NHS England request email]

 

 

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References

Visible links
1. http://www.hampshirehospitals.nhs.uk/abo...
2. http://www.hantshealthrecord.nhs.uk/abou...
3. mailto:[NHS England request email]
4. mailto:[email address]
5. http://www.ico.gov.uk/
6. mailto:[NHS England request email]
7. 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 'Organisations opting out of secondary uses by the Hampshire Health Record'.

My request was about the Hampshire Health Record, and I specifically stated:
"** Please direct this request to NHS South, Central and West CSU **"
because they are the data controller for this project database.

NHS England is responsible for co-coordinating FOI requests to such an organisation, and ensuring an appropriate response.

I made two requests for information:

• Please could you provide me with a list of the organisations, contributing/uploading personal confidential data to the HHR, that have also opted out of making their uploaded data available for secondary uses

• Please could you provide me with a list of the organisations, contributing/uploading personal confidential data to the HHR, that have *not* opted out of making their uploaded data available for secondary uses

Hampshire Hospitals NHS FT is NOT the data controller for the HHR, merely an organisation contributing to it.

The CSU will know exactly who has allowed secondary uses of uploaded information - to the database that *it* controls - and that is why I have asked them, via you.

Hampshire Hospitals will not know - and why should they?

The link to the HHR website simply states which organisations are uploading information (for primary purposes) - which I already know.

It does not state which of those organisations has allowed their information to be used for primary purposes only - which is the information that I requested.

It is the responsibility of the NHS England - and the CSU, as data controller for the HHR - 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 do not accept that that NHS England or the CSU has done that.

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 the CSU functions
•the CSU 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 the CSU operates
•the CSU deals fairly with the public
•the CSU provides relevant fair processing information to the public about the HHR

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 HHR or any other IT programme that the CSU is responsible for

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/o...

Yours faithfully,
Dr Neil Bhatia

Dr Neil Bhatia left an annotation ()

Having little confidence in NHS England and/or the CSU's ability to respond lawfully, and in a timely fashion, to what is a straightforward request, and whilst awaiting the internal review, I have requested the info from the relevant organisations themselves (which I should have done in the first place, seemingly)

https://www.whatdotheyknow.com/request/o...
https://www.whatdotheyknow.com/request/o...
https://www.whatdotheyknow.com/request/o...
https://www.whatdotheyknow.com/request/o...

FOI England (NHS ENGLAND), NHS England

Dear Mr Bhatia,

 

Thank you for email of 14 April 2016. 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’

 

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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-010184 IR)

 

Thank you for your Freedom of Information (FOI) Internal Review request
dated 14 April 2016.

 

Your FOI request was:-

 

“     ** Please direct this request to NHS South, Central and West CSU **

    

     I am interested in the way that the Hampshire Health Record

     processes uploaded data for secondary purposes, e.g. the analytics

     database.

    

     I note with interest that Hampshire Hospitals NHS FT only uploads

     data for the purposes of the health record (i.e. primary uses); the

     Trust has opted out of making their data available for secondary

     uses.

    

1.    Please could you provide me with a list of the organisations,

     contributing/uploading personal confidential data to the HHR, that

     have also opted out of making their uploaded data available for

     secondary uses

    

2.    Please could you provide me with a list of the organisations,

     contributing/uploading personal confidential data to the HHR, that

     have *not* opted out of making their uploaded data available for

     secondary uses

    

     I am assuming that all GP surgeries are by default opted in to

     having their uploaded GP data made available for secondary

     processing (taking into account individual Type 1 objections (9Nu0)

     that patients might have expressed), and that surgeries cannot

     "opt-out" of secondary uses (i.e. only allow primary uses of data

     that they upload). Perhaps you could confirm this.”

 

 

The FOI management team has assessed whether you received an appropriate
response to your request.

 

We have reviewed the response provided to you in our email dated 14 April
2016 and your comments in your request for internal review. I have set out
the outcome of our review below.

 

We have assessed whether you received an appropriate response to your
request and also considered the application of the exemption contained in
section 21 of the FOI Act 2000. After review, we can confirm that NHS
England are of the opinion that our original response to your FOI request
was appropriate.

 

With regard to the Hampshire Health Record (HHR), as the information held
is in the public domain, it was appropriate under Section 21 of the FOI
Act (information accessible to the applicant by other means) to refer you
to the published source of information on the HHR available at the
following link:

 

[1]http://www.hantshealthrecord.nhs.uk/abou...

 

However, in response to your request for internal review we would like to
set out below additional information which we hope provides clarity.

 

The Hampshire Health Record is currently supported with data supplied by
many NHS organisations in the South

 

o North East Hampshire CCG
o South East Hampshire CCG
o West Hampshire CCG
o North Hampshire CCG
o Fareham and Gosport CCG
o Portsmouth CCG
o Southampton CCG
o Hampshire Hospitals Foundation Trust
o Southampton University Hospitals NHS Trust
o Portsmouth Hospitals NHS Trust
o Royal Bournemouth and Christchurch Hospital Trust
o Southern Health Foundation Trust
o Solent Health Trust
o Hampshire County Council

 

All of the organisations which provide data to Hampshire Health Record
(HHR) are listed on the website ([2]http://www.hantshealthrecord.nhs.uk);
they also provide data to Hampshire Health Records analytics (HHRA), with
the single exception of Hampshire Hospitals NHS Trust.

 

We can also confirm that GP practices do not opt out at practice level
from HHR. Any opt out is at the level of individual patent, mediated by
the code 9Nu0

 

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

SK9 5AF 

 

Telephone: 0303 123 1113

Email: [3][email address]  

Website: [4]www.ico.gov.uk 

 

Please note there is no charge for making an appeal.  

 

Please quote the reference number FOI/IR-010184 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, [5][NHS England request email]. 

 

Yours sincerely, 

 

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate 

 

NHS England

PO Box 16738

REDDITCH

B97 9PT 

 

Tel: 0300 311 22 33

Email: [NHS England request email]

 

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References

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1. http://www.hantshealthrecord.nhs.uk/abou...
2. https://web.nhs.net/OWA/redir.aspx?SURL=...
3. https://web.nhs.net/OWA/redir.aspx?SURL=...
4. https://web.nhs.net/OWA/redir.aspx?SURL=...
5. https://web.nhs.net/OWA/redir.aspx?SURL=...

Dr Neil Bhatia left an annotation ()

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

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