Request
Under the Freedom of Information Act, can you tell me how many staff working for the Strategic Health Authority were made to retire on reaching 65 years old between the period October 2008 to date. Can you please split the number up into male and female staff. Thank you.
Our response
I refer to your email requesting information regarding staff retirement.
I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 (FOIA) that we do hold the information that you have requested. However, 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 (2) applies to third party personal data which 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 are 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.
The Section 40 exemption is an absolute exemption (except in some limited circumstances). This means that it is not necessary to carry out a public interest test.
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 you have requested in its entirety. Such a disclosure would be a breach of Principle One of the DPA. Members of staff can expect NHS East Midlands to secure their personal information. Members of staff can also expect that NHS East Midlands will only process their personal information in line with the principles contained within the DPA.
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
