18 August 2022
7 and 8 Wel ington Place
Leeds
Our ref: NIC-669652-W1H4F
West Yorkshire
LS1 4AP
Dear Sir/Madam,
Re: Information Request – Freedom of Information Act (FOIA) 2000
Thank you for your email dated 4 August 2022 requesting the following information:
“With reference to this response from NHS England:
https:/ www.whatdotheyknow.com/request/user_research_on_online_opt_out#incoming-
2087713
and in regard of the "Simplifying the opt-out" section of 'Data Saves Lives' policy paper, last
updated on 15 June 2022 - and other public statements besides - please would you provide a
copy of any outputs of any user research or engagement that has been conducted on the
process of creating an online opt-out for GP data since 12 May 2021, i.e. the launch date of
the GPDPR programme.”
NHS Digital holds this information. However, we are withholding the information we hold
under section 22 of the FOI Act.
Section 22 sets out that information is exempt from disclosure if it is intended for future
publication, and it is reasonable to withhold the information until it is published.
NHS Digital has published the findings and outcomes of its research for GP Data for
Planning and Research (GPDPR) as part of an ongoing drumbeat of communication. You
can see the findings of a public survey HERE and a GP survey HERE as examples. Any
future reports and publications wil be published HERE.
NHS Digital intends to publish the findings of the user research into opt-outs and burden
reduction as part of this schedule. NHS Digital intends to publish this information on its
website on or before Monday 17 October 2022.
The timing of the publication is intended to support transparency so that it does not compete
with other planned publications, giving each piece of content appropriate space for
discussion and reflection.
Section 22 is a qualified exemption. This means that we are required to consider whether the
public interest is in favour of maintaining the exemption (i.e., withholding the information), or
releasing the information. As the publication is due imminently, we considered that the public
interest is in favour of maintaining the exemption. This is because we would have needed to
divert resource away from preparing the information for publication in order to instead
www.digital.nhs.uk
xxxxxxxxx@xxxxxxxxxx.xxx.xx
prepare it for disclosure under the FOI Act. Bringing forward publication would also divert
resources and delay the publication of other related content which is due to be published in
September and therefore delayed the release of this information to the public at large. We
were therefore satisfied that the public interest was in favour of withholding the requested
information until it was published.
We hope this information is helpful. In line with the Information Commissioner’s directive on
the disclosure of information under the Freedom of Information Act 2000 your request wil
form part of our disclosure log. Therefore, a version of our response which wil protect your
anonymity will be posted on the NHS Digital website.
I trust you are satisfied with our response to your request for information. However, if you are
not satisfied, you may request a review from a suitably qualified member of staff not involved
in the initial query, via t
he xxxxxxxxx@xxxxxxxxxx.xxx.xx email address or by post at the
above postal address.
If following an internal review, you remain unsatisfied with the way in which we have handled
your request you are entitled to ask the Information Commissioner to assess whether we
have complied with our obligations under FOIA by writing to them at the following address:
Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire SK9 5AF
Email:
xxxxxxxxxxx@xxx.xxx.xx
NHS Digital values customer feedback and would appreciate a moment of your time to
respond to our
Freedom of Information (FOI) Survey to let us know about your experience.
Yours faithfully,
Information Governance Adviser
www.digital.nhs.uk
xxxxxxxxx@xxxxxxxxxx.xxx.xx
