Request
Dear Sir/Madam
Freedom of Information Act 2000 – Request for Information from East Midlands SHA
This request concerns the Interim Cancer Drugs Fund (ICDF), which commenced on 1st October 2010.
Under the terms of the Freedom of Information Act 2000, for each request made to the ICDF between 1st October 2010 to 30th November 2010, please provide me with the following information:
- The name of the drug requested
- The indication it was requested for
- The date the application was received
- The date a decision was made
- The outcome of that decision whether it was funded or not
- Confirmation if the application had been ‘fast tracked’ direct to the ICDF, or, if the application had initially been considered and refused by a Primary Care Trust.
Please acknowledge receipt of this request and advise how quickly I can expect a response.
Our Response
I am writing in response to your recent freedom of information request concerning the operation of the Interim Cancer Drugs Fund between 1 October and 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.
However, 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 or application 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 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
