Register of payments from pharmaceutical companies to staff

The request was partially successful.

Dear Sherwood Forest Hospitals NHS Foundation Trust,

Hospital trusts 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 Trust - 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 Trust does not have a complete register, I would request: the release of the information on this topic that the Trust does hold; and an explanation of why the Trust 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 Jonathan Mendel

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

Joseff Eynon-Freeman - Interim Admin Support - NHIS,

1 Attachment

Dear Dr Mendel,

Please find attached acknowledgment of your request.

Kind Regards,
Joseff

Joseff Eynon-Freeman
Interim Admin Support
Sherwood Forest Hospitals NHS Foundation Trust
Notts Health Informatics Service
Level 2, TB3 / Trust Administration Building Kings Mill Hospital Mansfield Road Sutton-in-Ashfield
NG17 4JL
Phone: 01623 622515 Ext. 6165
E-mail Address: [email address]

show quoted sections

Joseff Eynon-Freeman - Interim Admin Support - NHIS,

2 Attachments

Dear Mr Mendel

Please find attached the response from the Trust,

Kind regards
Joseff

Joseff Eynon-Freeman
Interim Admin Support
Sherwood Forest Hospitals NHS Foundation Trust
Notts Health Informatics Service
Level 2, TB3 / Trust Administration Building Kings Mill Hospital Mansfield Road Sutton-in-Ashfield
NG17 4JL
Phone: 01623 622515 Ext. 6165
E-mail Address: [email address]

show quoted sections

Jonathan Mendel

Dear Sherwood Forest Hospitals NHS Foundation Trust,

Thanks for your response to my FOI request. Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of the Trust's handling of my FOI request 'Register of payments from pharmaceutical companies to staff'.

Staff names are absent from the information released. Even if some of the information on this register may be classed as personal data (as defined by the Data Protection Act) 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" [1]. 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" [2]. There is thus a legitimate interest in releasing this register: the available research suggests that it is plausible that payments received influence how substantial amounts of public money is spent and the type of care provided to members of the public. Making these data public will open up further opportunities for academic and journalistic research on the impacts of payments and hospitality. It is important to include the names of those declaring interests: among other benefits, this will allow more effective scrutiny of Conflicts of Interest and could allow more extensive analysis: for example, it has been suggested that one could compare declarations on these registers with Conflict of Interest statements on open access pubmed papers.

For the reasons given above, there is a strong public interest in releasing these data in full. 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" [1] 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.

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

Dr Jonathan Mendel

[1]
http://www.justice.gov.uk/downloads/info...
[2]
http://www.plosmedicine.org/article/info...

FOI Requests - Freedom of Information @SFH-KMH,

2 Attachments

Dear Dr Mendel

 

Please find attached acknowledgment of your request,

 

Kind regards

Gina

 

Information Governance Coordinator

Nottinghamshire Health Informatics Service hosted by Sherwood Forest
Hospitals NHS Foundation Trust

Base: Kings Mill hospital 01623 622515 ext. 6258
[1]Description: cid:image001.png@01CBF913.23B37750

NEW - NHIS Customer Portal - Log new incidents, view existing incidents,
create new accounts, create outlook profiles and more -
[2]http://customerportal.notts-his.nhs.uk/

 

 

 

show quoted sections

FOI Requests - Freedom of Information @SFH-KMH,

2 Attachments

Dear Dr Mendel

 

Please accept my apologies for the delay in providing you with a response.
Your request has been reviewed and is currently with the Company Secretary
for Executive approval.

 

My apologies for any inconvenience this may have caused you and, if you
have any queries in the meantime, please do not hesitate to contact me.

 

Kind regards

Gina

 

Gina Holmes|Information Governance Coordinator

Nottinghamshire Health Informatics Service (NHIS)

Tel: 01623 622515 Ext 6258

Email: [1][email address]

Internal Customer Portal: [2]http://customerportal.notts-his.nhs.uk/

 

[3]Description: Description: Description: Description: Description:
Description: cid:image003.png@01CE5C84.E5921E40

 

From: Gina Holmes - Information Governance Co-Ordinator - NHIS On Behalf
Of FOI Requests - Freedom of Information @SFH-KMH
Sent: 14 May 2013 11:41
To: '[FOI #157571 email]'
Subject: RE: Internal review of Freedom of Information request Reference
46357

 

Dear Dr Mendel

 

Please find attached acknowledgment of your request,

 

Kind regards

Gina

 

Information Governance Coordinator

Nottinghamshire Health Informatics Service hosted by Sherwood Forest
Hospitals NHS Foundation Trust

Base: Kings Mill hospital 01623 622515 ext. 6258
[4]Description: cid:image001.png@01CBF913.23B37750

NEW - NHIS Customer Portal - Log new incidents, view existing incidents,
create new accounts, create outlook profiles and more -
[5]http://customerportal.notts-his.nhs.uk/

 

 

 

show quoted sections

FOI Requests - Freedom of Information @SFH-KMH,

3 Attachments

Dear Dr Mendel

 

Please find attached the response from the Trust. Please accept my
apologies for the delay in providing you with a response.

 

Kind regards

Gina

 

Gina Holmes|Information Governance Coordinator

Nottinghamshire Health Informatics Service (NHIS)

Tel: 01623 622515 Ext 6258

Email: [1][email address]

Internal Customer Portal: [2]http://customerportal.notts-his.nhs.uk/

 

[3]Description: Description: Description: Description: Description:
Description: cid:image003.png@01CE5C84.E5921E40

 

From: Gina Holmes - Information Governance Co-Ordinator - NHIS On Behalf
Of FOI Requests - Freedom of Information @SFH-KMH
Sent: 14 May 2013 11:41
To: '[FOI #157571 email]'
Subject: RE: Internal review of Freedom of Information request Reference
46357

 

Dear Dr Mendel

 

Please find attached acknowledgment of your request,

 

Kind regards

Gina

 

Information Governance Coordinator

Nottinghamshire Health Informatics Service hosted by Sherwood Forest
Hospitals NHS Foundation Trust

Base: Kings Mill hospital 01623 622515 ext. 6258
[4]Description: cid:image001.png@01CBF913.23B37750

NEW - NHIS Customer Portal - Log new incidents, view existing incidents,
create new accounts, create outlook profiles and more -
[5]http://customerportal.notts-his.nhs.uk/

 

 

 

show quoted sections