Freedom
of Information Act
The
Freedom of Information (FoI) Act became law on 30th November 2000
in England, Wales and N. Ireland. It gives the public a right of access
to all types of recorded information held by public authorities, including
the Health Service. The FoI Act specifically defines general practices
as being within the scope of the Act, so practices must conform to
the requirements of the Act. The FoI Act requires every organisation
covered by the Act to respond to requests for information as set out
below.
FoI
in Scotland
Practice
action
- Practices
must reply within 20 working days to any credible written request
for information from anywhere in the world
- The
request can be by email or on paper, and be made to any member of
staff
- It
does not have to refer to the Freedom of Information Act
- Practices
cannot ask the reason for the request, or question its reasonableness,
but can work with the person(s) requesting the information to help
them clarify what it is they are after so that the pracice can best
meet the request
- Every
practice must maintain a publication scheme (see below)
- Failure
to comply with the Act can result in contempt of court
There
is a draft FoI Policy statement in the Practice
Operation & Development index of the Members
Library. If
you are not a Member,
click here
for information about the benefits of membership and how to subscribe.
Publication
Scheme
Every NHS organisation, including general practices (GMS and PMS),
must produce a Publication Scheme, which informs the public about
how and when the organisation will make information available. Organisations
can publish information in a variety of formats (e.g. by email, on
a website or in hard copy). Practices which have a website may make
the information available there (or on the website of their PCO),
but practices are also required to make hard copies available if requested.
Practices can make a charge for providing information (particularly
if hard copy is requested), but the Publication Scheme must stipulate
what the charges will be. .
Much of the information that must be included in a practice's Publication
Scheme may already exist in the practice leaflet. In summary, a publication
scheme must include:
-
Practice name, names of GPs, job titles of employed staff
- Practice
area, practice address and branch surgery information
- Opening
times, out of hours arrangements
- Services
provided
- PCO
details
- Overall
practice income and prescribing costs (Partners' individual earnings
are exempt from publication as they are protected under the Data
Protection Act)
- Practice
policies (inc. data protection, confidentiality, complaints)
- Contact
details of person from whom information on policies can be obtained
- How
information will be made available; charges for the provision of
information
Further
Information
There
are Guidance Notes and a draft FoI Publication Scheme for
General Practices on the Information Commissioner's website
- go
there
Link
won't open?
FoI
in Scotland
Scotland
has its own version of the Freedom of Information Act (the Freedom
of Information [Scotland] Act 2002), which is very similar to the
FoI Act described above - more
Does
the FoI Act affect patients' rights to access their medical records?
The
FoI Act does not give individuals access to personal information
held about them. It is the Data Protection Act 1998 which gives, and
will continue to give, patients rights of access to their medical
records.
Link
won't open?
