Register of payments from pharmaceutical companies to staff

The request was partially successful.

Dear Lancashire Teaching 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...

Freedom of Information (LTHTR), Lancashire Teaching Hospitals NHS Foundation Trust

Dear Mr Mendel,

 

Thank you for your request for information submitted under the Freedom of
Information Act.  We can confirm that Lancashire Teaching Hospitals NHS
Foundation Trust will reply on or before the 14th May 2013.

 

Regards

 

Freedom of Information Group

c/o Medical Directors Office

Royal Preston Hospital

Sharoe Green Lane

Fulwood

Preston

PR2 9HT

 

 

 

 

This message and any files transmitted with it are confidential and
intended solely for the individual(s) addressed. If you have received this
e-mail in error then please note that disclosing, copying, distributing or
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opinions presented are solely those of the author and do not necessarily
represent those of Lancashire Teaching Hospitals NHS Foundation Trust. The
Trust accepts no liability for any damage caused by any virus transmitted
with this e-mail, so although it has been virus checked before
transmission, the recipient should also check for the presence of viruses.
The information contained in this email may be subject to public
disclosure under the NHS Code of Openness or the Freedom of Information
Act 2000. Unless the information is legally exempt from disclosure, the
confidentiality of this email and any subsequent reply cannot be
guaranteed. http://www.lancsteachinghospitals.nhs.uk

Freedom of Information (LTHTR), Lancashire Teaching Hospitals NHS Foundation Trust

3 Attachments

Dear Dr Mendel,

 

Thank you for your request for information submitted under the Freedom of
Information Act.  We can confirm that Lancashire Teaching Hospitals NHS
Foundation Trust does hold some of the information requested.

Request: 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.

 

Response:  The Trust can confirm that a central register is not held, each
directorate is required to keep their own records as per the Code of
Business Conduct (copy attached for your information).  Please see the
attached excel file for details held at this Trust.

 

Kind regards,

Freedom of Information Group

 

[1]mailto:[Lancashire Teaching Hospitals NHS Foundation Trust request email]

 

C/o Medical Directors Office

LTH NHS Foundation Trust

Royal Preston Hospital

Sharoe Green Lane

Fulwood

Preston

PR2 9HT

 

 

 

 

 

 

 

 

This message and any files transmitted with it are confidential and
intended solely for the individual(s) addressed. If you have received this
e-mail in error then please note that disclosing, copying, distributing or
retaining this message or any part of it is strictly prohibited. Please
notify the sender immediately and delete it from your system. Any views or
opinions presented are solely those of the author and do not necessarily
represent those of Lancashire Teaching Hospitals NHS Foundation Trust. The
Trust accepts no liability for any damage caused by any virus transmitted
with this e-mail, so although it has been virus checked before
transmission, the recipient should also check for the presence of viruses.
The information contained in this email may be subject to public
disclosure under the NHS Code of Openness or the Freedom of Information
Act 2000. Unless the information is legally exempt from disclosure, the
confidentiality of this email and any subsequent reply cannot be
guaranteed. http://www.lancsteachinghospitals.nhs.uk

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