Request
I wish to make a request to your organisation under the Freedom Information Act 2000. The information will be used as part of APM’s ongoing coverage of the Interim Cancer Drugs Fund and its administration.
The questions I would like to ask are:
1) During the month of November 2010, how much did your organisation claim from the cancer drugs fund?
2) During the same period, what were the ten most commonly requested drugs?
3) How many requests did the fund receive for each of these drugs?
4) How many requests for each drug were accepted?
5) How many for each drug were rejected?
6) How much was spent on each drug?
7) Have you approached any of the pharmaceutical companies concerned with a view to obtaining any discounts?
I trust you will be able to send me the requested information in time for the legally required deadline.
Our Response
I am writing in response to your recent freedom of information request concerning the operation of the Interim Cancer Drugs Fund during November 2010.
I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 (FOIA) that we hold the information that you have requested.
I should point out that Information about the administration of the fund, including a monitoring report to the end of November, can be found on our website at http://www.eastmidlands.nhs.uk/interim-cancer-drug-fund/
We do not intend to give details by drug for reasons of patient confidentiality. We are of the opinion that the exemption available to us under Section 40 (2) of the FOIA is engaged in this instance. Section 40 applies to third party personal data and is exempt from disclosure under the FOIA if disclosure would breach any of the data protection principles contained within Part 1 of Schedule One under Section 4 (1) and (2) of the Data Protection Act 1998 (DPA). Such information would not be released under the FOIA unless there was a strong public interest.
One of the main differences between the FOIA and the DPA is that any information released under the FOIA is released into the public domain, not just the individual requesting the information and disclosure under the Act must be made with that in mind. As such, any release that identifies an individual through releasing their personal data, even third party personal data, is exempt.
All persons whose personal data is processed by NHS East Midlands, regardless of whether they be patients, staff or members of the public, have an intrinsic right to privacy and these rights are protected by virtue of the DPA. Release of the information subject to the exemption is likely to compromise those rights.
It is our view that Section 40 (2) is engaged because the persons concerned are likely to be identified by the disclosure of the information in its entirety. Such a disclosure would be a breach of Principle One of the DPA. Patients and members of staff can expect NHS East Midlands to secure their personal information and only process their personal information in line with the principles contained within the DPA.
The Section 40 exemption is an absolute exemption which means that it is not necessary to carry out a public interest test.
I can respond to your final question regarding approaches made to pharmaceutical companies regarding discounts. The East Midlands Specialised Commissioning Group is administering the ICDF on the SHA’s behalf and has on-going communications with all pharmaceutical companies involved with cancer drugs to ensure best value for money for the NHS.
I hope that this information is of use. If you are dissatisfied with the way in which we have dealt with your request you can ask us to review our decision by writing to:-
Mr Moosa Patel
Director of Corporate Affairs
NHS East Midlands
Octavia House
Interchange Business Park
Bostock's Lane
Sandiacre
Nottingham
NG10 5QG
If at the conclusion of any review you remain dissatisfied you may complain to the Information Commissioner who can be contacted at:-
The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
