Request
Please can you provide ALL of the documents prepared and distributed to each Trust under the 'time for a quitchat programme' particularly any communication with ULHT/LPCT Phoenix if there is a different approach agreed please. I am particularly seeking what guidance/constraints there were around how the trainers were to be selected. I am willing to accept these electronically.
I have already apporached ULHT/Phoenix for their documents prepared to accord to the SHA documents.
Our Response
I refer to your email requesting information in respect of Quitchat documentation.
I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 (FOIA) that we do hold some information that falls within the remit of your request.
It should be noted that the selection procedure document relates to the original trainer interviews and therefore was the criteria used by the regional team in order to set up the bank of trainers. This document is not a criteria document for the Trusts.
I will address each of your concerns in turn:
Please see pdf attachments.
Please see pdf attachments, specifically those concerning login details.
Please see pdf attachments. This information was largely communicated at the meetings with each individual Trust.
Please see pdf attachments which include a signed Service Level Agreement, action plan and also other useful documents pertaining to trainers.
Having studied the attached documents, you will be aware that I have redacted some of the information concerning the username and password login details for the booking system. We feel that this information is exempt under Section 31 (a) of the FOIA which states that:
“A public authority is exempt from the duty to communicate information where disclosure would, or would be likely to, prejudice:
(a) The prevention and detection of a crime”
Factors for disclosure
Factor for withholding
Reasons why public interest favours withholding information
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NHS East Midlands is strongly committed to ensure transparency of our operations and provide assurance we appropriately and effectively engage with the threat from those who might commit fraud. Therefore, we have decided there is a strong public interest in retaining the information to ensure our success in protecting public resources is not compromised in any way.
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We also feel that Section 40 (2) of the FOIA is engaged in this instance as public disclosure of the passwords would provide access 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 is a strong public interest.
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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.
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All persons whose personal data is processed by NHS East Midlands, regardless of whether they be 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.
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The Section 40 exemption is an absolute exemption (except in some limited circumstances). This therefore means that it is not necessary to carry out a public interest test.
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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. 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 have also redacted the mobile telephone numbers of some of the officers mentioned as we feel that this is personal information in terms of the FOIA. I would like to assure you that the removal of these small amounts of information do not have any effect on the overall meaning of the documents within which they can be found.
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
NB - this response was issued with 8 attachments. Pleae contact the FOI manager if you wish to see or receive copies of the attachments.
