Regulator of NHS STD Acts
Dear NHS England,
The Framework Agreement between the Ministry of Justice and the Information Commissioner dated September 2011, states that the Information Commissioner is the UK’s independent regulator for the DPA, FOIA, the PECR 2003, EIR 2004 and INSPIRE Regulations 2009.
I am specifically concerned about the NHS(Venereal Regulations)1974 and the subsequent NHS STD Directive 2000.
The former was enacted 24 years before the first Data Protection Act and the establishment of the Information Commissioner.
As the two Acts are standalone Acts, with their own provisions, and specific restrictions on data handling, I should like to receive, under the provision of the Freedom of Information Act, copy of documents or references to them, where they address the following:
`1. Who was deemed to have been responsible for the administration of these Acts when enacted.
2. Who would have investigated any alleged violations of the Acts’ restrictions of data handling.
3. What is the time limit for presentation of such allegations.
4. What would be the punishment, if any, for such violations.
Have any changes been made to the above responsibilities with the emergence of the Data Protection Act in 1998 and the Information Commissioner’s Office. Copies or references to these changes are also requested.
Yours faithfully,
[name removed] [name removed]
Thank you for contacting NHS England.
Your Freedom of Information (FOI) request, which we received on 06 May
2014 has been allocated a reference number of SDR 252452. Please quote
this reference in any further communication regarding this matter.
Your FOI request has been passed to the Case Management Team and a Case
Officer will acknowledge your request within two working days. We will
respond to your FOI request within 20 working days in line with the FOI
Act 2000.
If you require any further information or wish to speak to someone about
your request, please contact NHS England at the email address and
telephone number shown below.
Yours sincerely
NHS England
PO Box 16738 | Redditch | B97 9PT
0300 3 11 22 33
[1][NHS England request email]
[2]www.england.nhs.uk
Dear Mr [name removed],
Our reference: SDR-252452 Acknowledgement
Thank you for your Freedom of Information (FOI) request dated 6 May 2014.
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 directly to this email. This message has been sent
from a central mailbox and incoming messages will not be received.
Yours sincerely,
Richard Tesseyman
Freedom of Information
NHS England
Tel: 0300 311 2233
Email: [2][NHS England request email]
Website: [3]www.england.nhs.uk
Address: NHS England, PO Box 16738, REDDITCH, B97 9PT
References
Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. http://www.england.nhs.uk/
Dear Mr [name removed],
Re: Freedom of Information request (Our Ref: SDR-252452)
Thank you for your Freedom of Information (FOI) request dated 6 May 2014.
Your exact request was:-
“The Framework Agreement between the Ministry of Justice and the
Information Commissioner dated September 2011, states that the Information
Commissioner is the UK’s independent regulator for the DPA, FOIA, the
PECR 2003, EIR 2004 and INSPIRE Regulations 2009.
I am specifically concerned about the NHS(Venereal Regulations)1974 and
the subsequent NHS STD Directive 2000.
The former was enacted 24 years before the first Data Protection Act and
the establishment of the Information Commissioner.
As the two Acts are standalone Acts, with their own provisions, and
specific restrictions on data handling, I should like to receive, under
the provision of the Freedom of Information Act, copy of documents or
references to them, where they address the following:
1. Who was deemed to have been responsible for the administration of
these Acts when enacted.
2. Who would have investigated any alleged violations of the Acts’
restrictions of data handling.
3. What is the time limit for presentation of such allegations.
4. What would be the punishment, if any, for such violations.
Have any changes been made to the above responsibilities with the
emergence of the Data Protection Act in 1998 and the Information
Commissioner’s Office. Copies or references to these changes are also
requested.”
NHS England does not hold information relevant to your request.
The National Archives manage the legislation.gov.uk website (which covers
all Acts of Parliament since 1267 - when Parliament began), on behalf of
the British Government.
You may be able to obtain information relevant to your request by
redirecting your enquiry to the National Archives through the National
Archives Freedom of Information enquiry form at:
[1]http://www.nationalarchives.gov.uk/conta...
I would however recommend viewing the information at
[2]http://www.legislation.gov.uk/contactus prior to submitting a request
for information.
I 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 SDR 252452 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
K9 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 directly to this email. This message has been sent
from a central mailbox and incoming messages will not be received.
Yours sincerely,
Richard Tesseyman
Case Officer (Freedom of Information)
Customer Contact Centre
Transformation and Corporate Operations Directorate
NHS England
PO Box 16738 | Redditch | B97 9PT
0300 3 11 22 33
[6][NHS England request email]
[7]www.england.nhs.uk
‘High quality care for all, now and for future generations’
References
Visible links
1. http://www.nationalarchives.gov.uk/conta...
2. http://www.legislation.gov.uk/contactus
3. mailto:[NHS England request email]
4. mailto:[email address]
5. http://www.ico.gov.uk/
6. mailto:[NHS England request email]
7. http://www.england.nhs.uk/
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