NHS GRAMPIAN

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

POLICY STATEMENT

NHS GRAMPIAN

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

POLICY STATEMENT

  1. Introduction

The Freedom of Information (Scotland) Act 2002 ("the Act") imposes a number of obligations on public authorities which for the purposes the Act includes NHS Grampian (NHSG). The Act gives a general right of access to recorded non-personal information held by public authorities subject to certain exemptions.

In essence, members of the public have a statutory right:

  1. to obtain all information covered by NHSG's Publication Scheme from 1st September 2004, (either from NHSG's internet site or in some other form);
  2. subject to certain exemptions, from 1st January 2005, to request any information held by NHSG regardless of when it was created, by whom, or the form in which it is now recorded.

This policy statement sets out our policy and the arrangements that NHSG has made to ensure compliance with the Act.

It covers:

  • Policy Statement
  • Scope of the Policy
  • Responsibilities
  • Records Management
  • NHSG's Publication Scheme
  • Handling Requests for Information
  • Monitoring
  • Charges
  • Requirement to Review
  • Exemptions Under the Act
  • Available Guidance
  1. Policy Statement

NHSG is committed to being open and honest in the conduct of its operations and in complying fully with the Act and the Scottish Ministers Codes of Practice.

To this end NHSG will ensure:

  • a significant amount of routinely published information about NHSG is made available to the public as a matter of course through its Publication Scheme;
  • other information not included in the Publication Scheme is readily available on request, and such a request is dealt with in a timely manner;
  • in cases where information is covered by an exemption, consideration is given as to whether or not the information should be released; and
  • staff are aware that it is an offence under the Act to alter, deface, block, erase, destroy or conceal a record with the intent of preventing disclosure.

There will be occasions when NHSG will not be able to supply all the information requested.

Information will only be withheld in accordance with the exemptions laid down in the Act, and in particular those concerning:

  • NHSG's duties under the Data Protection Act 1998 to keep confidential information about individual patients and members of staff;
  • Other legal and contractual obligations; or
  • Material detrimental to the safe and efficient conduct of NHSG’s operations or which is confidential/commercially sensitive or would substantially prejudice a programme of research.

On such occasions NHSG will always state the reasons why information has been

withheld.

  1. Scope of the Policy

This Policy applies to all NHSG employees and Non-Executive Directors in relation to all the information NHSG holds i.e. all the information created, received and maintained by staff of NHSG in the course of their work, (excluding personal and patient information).

Information can be held in all types of media but will often be either paper or electronic.

  1. Responsibilities

NHSG has a responsibility to make its information available in accordance with the Act.

The Information Governance Steering Group is responsible for ensuring compliance with this Policy, determining the policies that shall apply to information held by NHSG, and for establishing policies, procedures, and guidance for administering requests for information in compliance with the Act.

All staff, whether or not they create, receive or maintain information, have responsibilities under the Act. They must ensure that any request for information they may receive is handled in compliance with this Policy and in accordance with NHSG's Freedom of Information Guidelines. In general, staff are responsible for:

  • Familiarising themselves with this Policy and the Freedom of Information Guidelines
  • Providing advice and assistance to persons making requests for information
  • Timeously passing on any information request to Corporate Communications
  • Where applicable, maintaining the integrity of the Publication Scheme
  • Contacting the Information Governance Manager when assistance is required.

In particular:

The Information Governance Manager has day-to-day responsibilities for co-ordinating NHSG's Freedom of Information function. These responsibilities include maintaining the Freedom of Information Guidelines, promoting compliance with the provisions of these Guidelines, and providing advice.

Operational Management Team members are responsible for ensuring that information held within their areas of responsibility fully complies with the policies and procedures set by NHSG, including information processed by contractors, partners or other bodies working under service level agreements.

Managers are responsible for ensuring staff under their direction and control are aware of the policies, procedures and guidance laid down by NHSG and for checking that those staff understand and appropriately apply policies, procedures and guidance in carrying out their day to day work.

All staff are responsible for processing information in accordance with the Act, and the policies, procedures and guidance as laid down by NHSG.

Compliance with this Policy is compulsory for all staff employed by NHSG. A member of staff who fails to comply with this Policy may be subject to disciplinary action under the appropriate NHSG Employee Conduct Policy.

  1. Records Management

NHSG has a separate policy with supporting systems and procedures to ensure compliance with the Scottish Ministers Code of Practice on Records Management under section 61 of the Act.

The policy and associated procedures addresses issues of active records management - creation, keeping, maintenance and disposal - according to the requirements that the law places on NHSG

  1. NHSG's Publication Scheme

NHSG's Publication Scheme is available on the web at: or in hard copy from NHSG Hospital Receptions, Summerfield House Reception, Health Centres, NHSG Library Services and Local Authority Public Libraries, or by request from Corporate Communications.

The Publication Scheme will specify:

  • what information NHSG will make routinely available to the public as a matter of course
  • how it will do so, and
  • whether or not this information will be made available free of charge or on payment of a fee
  1. Handling Requests for Information

Information not already made available in NHSG's Publication Scheme will be accessible from 1st January 2005 through a specific request for information. In this regard the Act establishes two related rights:

  • the right to be told whether information exists, and
  • the right to receive the information (subject to exemptions)

These rights can be exercised by anyone - natural or legal persons, world-wide. These specific requests for information not listed in the publication scheme will be dealt with by the Directorate of Corporate Communicationsand, as appropriate, in conjunction with the Information Governance Manager. Any request must be made in a permanent form (for example in writing or by email) and a charge may be made for dealing with any request.

Requestors will not be entitled to information to which any of the exemptions in the Act applies. However, only those specific pieces of information to which the exemption applies will be withheld.

Information covered by an exemption will be subject to review by the Information Governance Manager and the appropriate Operational Management Team Member.

  1. Monitoring

NHSG's Department of Corporate Communications will maintain a register of all requests made for information under the Act, the action taken on each application and any fees charged.

The register will identify whether the same or similar information has previously been requested and provided, or refused, the reasons for the refusal, and any reviews carried out. This will ensure consistency in dealing with similar requests, and identify repeated, duplicate or vexatious requests. It will also identify recurring requests for the same or similar information not included in the Publication Scheme, and allows NHSG to consider whether such information should be routinely published in the Publication Scheme.

Performance in dealing with such requests, and instances and reasons when the time limit for reply has been exceeded, will be monitored by the Information Governance Manager, and reported to the Information Governance Steering Group.

  1. Charges

Unless otherwise specified in NHSG's Publication Scheme, information made available through the Publication Scheme will be free of charge.

NHSG may however charge an appropriate fee for dealing with a specific request for information not listed in the publication scheme. This charge will be calculated according to the published 'Fees Regulations'.

  1. Requirement to Review

The public has 40 days in which to register a "requirement for review" where they are dissatisfied with the way NHSG has dealt with a request.

The Directorate of Corporate Communicationswill maintain a register of all "requirement for review" requests, and co ordinate responses as follows:

  • The complaint should be addressed to the Department of Corporate Affairsin the first instance, who will refer the matter to NHSG's Legal Adviser. The "requirement for review" will be acknowledged immediately and a more comprehensive reply will be received within 20 days.

If applicants are dissatisfied with the outcome of the review, they

may seek an independent review from the Scottish Information Commissioner.

Requests for review by the Scottish Information Commissioner should be made in

writing to:

Scottish Information Commissioner,
KinburnCastle,
Doubledykes Road,
St Andrews, Fife
KY16 9DS

Telephone: 01334 464610
Fax: 01334 464611

e-mail:

  1. Exemptions under the Act

There are 17 exemptions under the Act, some exemptions where the public interest test applies, and others, which are absolute exemptions. The full list of exemptions can be found in the Act at

NHSG may decide that some information it holds could be regarded as exempt information under the Act. Where a request is made for information which includes exemptions NHSG will consider the substantial prejudice test and the public interest test, and may in some circumstances withhold the requested information.

  1. Available Guidance

Guidance on the procedures necessary to comply with this Policy is available from:

Information Governance Manager

IM&TBuilding

Westburn Road

Aberdeen

AB25 2XH

Tel No 01224 551054

Email :

and the Freedom of Information web site at

This Policy is authorised by______

Designation______

On behalf of______

Date______

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