Register of payments from pharmaceutical companies to staff

The request was successful.

Dear NHS National Services Scotland,

Hospital Boards are reportedly meant to keep a register of payments from pharmaceutical companies (and other relevant companies) to staff, in case of conflicts of interest [1]. I am requesting a copy of the register for this Board - which I would hope includes details of all relevant payments to staff and any related potential conflicts of interest. If it would be possible to have this information in an appropriate structured data format - for example, a CSV file - this would be helpful. If this Board does not have a complete register, I would request: the release of the information on this topic that the Board does hold; and an explanation of why the Board does not hold a complete register.

I am aware that some would view data on pharmaceutical funding as personal data for those staff receiving the funding. Even if some of the information on this register may be classed as personal data (although this is contestable - for example, in some sectors of academia information re funding sources is made public as a matter of course) it would be covered by paragraph 6 of Schedule 2 of the Data Protection Act. The release of these data is "necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed" [2]. Spurling et al's systematic review of how information from pharmaceutical companies impacts physicians' prescribing reported that, of the studies included which looked at total promotional investment, three "found that total promotional investment was positively associated with prescribing frequency...Two...found both positive results and no association...One study did not detect an association" [3]. There is thus a legitimate interest in releasing this register: the available research suggests that it is plausible that payments received influence how public money is spent and the type of care provided to members of the public.

For the reasons given above, there is a strong public interest in releasing this information. While "requests for the personal data of a third party are exempt under section 40(2) of the Freedom of Information Act...if disclosure would contravene section 10 of the Data Protection Act, the right to prevent processing likely to cause damage or distress" [2], I would argue that, even if some of those named in these documents feel that their release would cause them damage or distress, this is outweighed by the significant public interest served by releasing these data.

Yours Faithfully,

Dr Peter J. Gordon

[1] http://www.guardian.co.uk/society/2013/a...
[2] http://www.justice.gov.uk/downloads/info...
[3] http://www.plosmedicine.org/article/info...

27 June 2013.

Dear NHS National Services Scotland,

Just a note to politely remind you about this request which is now delayed.

Yours faithfully,

Peter J Gordon

CSD (NATIONAL SERVICES SCOTLAND),

Hello

Peter,

Unfortunately we have no relocation of this request coming in, can you forward us on the request if possible, so I can track down and find out what has happened with it?

Callum
CSD

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FOI REQUEST RESENT at request: 27 June 2013

Dear CSD (NATIONAL SERVICES SCOTLAND),
29 May 2013

Dear NHS National Services Scotland,

Hospital Boards are reportedly meant to keep a register of payments from pharmaceutical companies(and other relevant companies) to staff, in case of conflicts of interest [1]. I am requesting a copy of the register for this Board - which I would hope includes details of all relevant payments to staff and any related potential conflicts of interest. If it would be possible to have this information in an appropriate structured data format - for example, a CSV file - this would be helpful. If this Board does not have a complete register, I would request: the release of the information on this topic that the Board does hold; and an explanation of why the Board does not hold a complete register.

I am aware that some would view data on pharmaceutical funding as personal data for those staff receiving the funding. Even if some of the information on this register may be classed as personal data (although this is contestable - for example, in some sectors of academia information re funding sources is made public as a matter of course) it would be covered by paragraph 6 of Schedule 2 of the Data Protection Act. The release of these data is "necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed"[2]. Spurling et al's systematic review of how information from pharmaceutical companies impacts physicians' prescribing reported that, of the studies included which looked at total promotional investment, three "found that total promotional investment was positively associated with prescribing frequency...Two...found both positive results and no association...One study did not detect an association" [3]. There is thus a legitimate interest in releasing this register: the available research suggests that it is plausible that payments received influence how public money is spent and the type of care provided to members of the public.

For the reasons given above, there is a strong public interest in releasing this information. While "requests for the personal data of a third party are exempt under section 40(2) of the Freedom of Information Act...if disclosure would contravene section 10 of the Data Protection Act, the right to prevent processing likely to cause damage or distress" [2], I would argue that, even if some of those named in these documents feel that their release would cause them damage or distress, this is outweighed by the significant public interest served by releasing these data.

Yours Faithfully,
Dr Peter J. Gordon

[1] http://www.guardian.co.uk/society/2013/a...
[2] http://www.justice.gov.uk/downloads/info...
[3] http://www.plosmedicine.org/article/info...

Yours sincerely,

Peter J Gordon

Lyell Jan (NATIONAL SERVICES SCOTLAND),

Dear Dr Gordon

 

I refer to your email of 27^th June 2013 regarding an outstanding response
to your freedom of information request.  This has been referred to me to
deal with it through our freedom of information review procedure. I will
response to you as soon as possible but no later that 20 working days from
receipt of your email, i.e. by 25^th July 2013.

 

Yours sincerely

 

Jan Lyell
Head of Corporate Affairs and Identity

NHS National Services Scotland
Area 031 Gyle Square
1 South Gyle Crescent
EDINBURGH  EH12 9EB
T: 0131 275 6449
F: 0131 275 7530

 

Please consider the environment before printing this email.

 

NHS National Services Scotland is the common name for the Common Services
Agency for the Scottish Health Service. [1]www.nhsnss.org

 

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References

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1. blocked::blocked::http://www.nhsnss.org/ http://www.nhsnss.org/
file:///tmp/blocked::http:/www.nhsnss.org/

Lyell Jan (NATIONAL SERVICES SCOTLAND),

2 Attachments

Dear Gordon

 

Further to my email of 10^th July 2013, I have now completed my reviewed
of the handling of your freedom of information request and attach my
response and a CSV file.

 

Yours sincerely

 

Jan Lyell
Head of Corporate Affairs and Identity

NHS National Services Scotland
Area 031 Gyle Square
1 South Gyle Crescent
EDINBURGH  EH12 9EB
T: 0131 275 6449
F: 0131 275 7530

 

Please consider the environment before printing this email.

 

NHS National Services Scotland is the common name for the Common Services
Agency for the Scottish Health Service. [1]www.nhsnss.org

 

show quoted sections

References

Visible links
1. blocked::blocked::http://www.nhsnss.org/ http://www.nhsnss.org/
file:///tmp/blocked::http:/www.nhsnss.org/

25 July 2013

Dear Jan Lyell(NATIONAL SERVICES SCOTLAND),

Just to thank you for tyour full response.

I will post this below for ease of public access.

Yours sincerely,

Peter J Gordon

25 July 2013.

Dear Dr Gordon
Freedom of Information Request Reference 482133

I refer to your email of 27th June 2013 regarding an outstanding response to a freedom of information
request submitted by you. In accordance with our freedom of information procedure I have
undertaken a review and now write to you with this result.

I have established that a freedom of information request was received from you on 29th May 2013.
Under the terms of the Freedom of Information (Scotland) Act 2002 a response should have been
send to you no later than 26th June 2013 but this was not done. My investigation has confirmed that
this was as a result of a human error combined with a failure in our internal alert system which should
have escalated your request. Please accept my apologies for this failure and my assurance that
action has been taken to address it.

As part of the review, I have also considered your information request which was for a copy of the
register of payments from pharmaceutical companies (and other relevant companies) to staff and any
related potential conflicts of interest.

In line with NHS National Services Scotland’s (NSS) Code of Conduct set out in our Standing
Financial Instructions, staff are not permitted to accept such payments. The Standing Financial
Instructions are reviewed on an annual basis and the latest version is available on our website at:
http://www.nhsnss.org/uploads/board_pape....

NSS publishes its Board Register of Interests on a quarterly basis on the NSS website at:
http://www.nhsnss.org/supplementary_page....

The NSS Privacy Advisory Committee (PAC) is an advisory committee to our Board and to the
Registrar General. PAC advises NSS and the National Records of Scotland on the correct balance
between protecting personal data and making data available for research, audit and other important
uses and ensures that any information releases are carefully controlled. A copy of the Register of
Interests of PAC members is attached as a CSV file. More information about PAC can be found on
our website at: http://www.nhsnss.org/pages/corporate/ab.... NSS does not maintain
another central register of interests.

NSS has a national procurement role for NHSScotland, including the procurement of
pharmaceuticals, and lets approximately 70-90 contracts of varying value per annum. Tenders are
awarded following stringent public procurement processes and on the recommendations of
Commodity Advisory Panels, with membership drawn from NHSScotland and Scottish Government.
Members of Commodity Advisory Panels are required to confirm, at the outset of a tendering exercise,
that there is not a conflict of interest and this is formally recorded in Commodity Advisory Panel
minutes. This Strategic Sourcing activity is audited as part of the NSS internal audit plan.
As NSS is a national support rather than a direct patient care organisation, our clinicians have only
very limited prescribing activity which occurs in the context of the clinical aphaeresis service provided
by the Scottish National Blood Transfusion Services.

I trust that this information is helpful to you but please contact me if it is unclear. If you are
dissatisfied with the outcome of this review you have the right, within six months of receipt of this
review decision, to apply for a decision to the Scottish Information Commissioner who can be

contacted at:
Kinburn Castle
Doubledykes Road
St Andrews
KY16 9DS

You also have the right of appeal, on a point of law, to the Court of Session.
Yours sincerely

JAN LYELL
Head of Corporate Affairs and Identity