Do the HPA have to respond to all requests for clarifications relating to reports under the Freedom of Information Act?
Yes. Either pursuant to S.1(1) FOIA (complex clarification) or S.16 (1) FOIA (straightforward
clarification).
If the HPA’s involvement in the management of the outbreak is over and a report has already been
prepared by the HPA, then generally no additional work will be required beyond disclosing the
report and any documents referred to in the report. FOI does not require the HPA to generate new
information in response to requests.
If the HPA receives requests for copies of questionnaires for example, then provided the patients
have consented these are disclosed in accordance with the Data Protection Act 1998.
If the HPA does not respond to the request for clarification, then the requester can initially appeal
against the refusal internally and subsequently to the Information Commissioner.
Once a report has been shared with a member of the public or premises owner any requests
should be passed to the HPA communications information access team via
george.stafford@hpa.org.uk
What is ‘deductively identifiable’ patient identifiable information and can this be included in
a report?
It is generally accepted that information provided by patients to the health service is provided in
confidence and must be treated as such so long as it remains capable of identifying the individual it
relates to. This is an important point, as once information is effectively anonymised it is no longer
confidential.
Effective anonymisation generally requires more than just the removal of name and address. Full
postcode can identify individuals, NHS Number can be a strong identifier and other information,
e.g. date of birth, can also serve as an identifier, particularly if looked at in combination with other
data items.
What do I need to know about copyright?
• UK copyright law is set out in the Copyright, Designs and Patents Act 1988 (CDPA).
• Copyright extends to literary works which will include reports.
• The first owner of copyright will be the author (section 11(1), CDPA).
• Where a work is made by an employee in the course of his employment, the employer will
be the first owner of copyright in the work, subject to any agreement to the contrary (section