| The NHS is preparing to take a dispute relating to the | | | | upheld the Information Commissioner's findings. The |
| Freedom of Information ("FOI") to the final court of | | | | NHS is now appealing against the court of session's |
| appeal in the UK. It is expected that his is going to | | | | decision, making this the first time a public body has |
| be a landmark case which will be an example of 'a | | | | taken an FOI dispute to the UK's final court of |
| readily defensible decision in Freedom of Information | | | | appeal. |
| and data protection'. | | | | The Information Commissioner went to considerable |
| In January 2005, the NHS National Service Scotland | | | | trouble discussing how the data might have been |
| made the decision that it would only release limited | | | | supplied, and quoting examples of other cases such |
| details in response to an FOI request. The FOI | | | | as Regina v Department of Health ex parte. Source |
| request, which came from a researcher for a Green | | | | Informatics Ltd. However, the NHS felt that to |
| Member of the Scottish Parliament, concerned | | | | produce information using raw census data at ward |
| records of leukaemia in children under the age of 15 | | | | level would be unfair to the individuals concerned as |
| in Dumfries and Galloway. Specifically, the researcher | | | | they would be identifiable by that data. |
| wanted to find out whether there were any cancer | | | | We await the outcome of this decision. |
| 'hotspots' next the Chapelcross nuclear plant or the | | | | Please contact us for information on how to treat |
| Dundrennan military range. The case eventually ended | | | | personal data of individuals at or Visit |
| up with the Scottish Information Commissioner, who | | | | © RT COOPERS, 2007. This Briefing Note does |
| ruled in the researcher's favour. | | | | not provide a comprehensive or complete statement |
| The NHS, however, refused to hand over the | | | | of the law relating to the issues discussed nor does it |
| requested data and appealed to the court of session | | | | constitute legal advice. It is intended only to highlight |
| to alter the decision. In a landmark ruling, the court | | | | general issues. Specialist legal advice should always be |
| rejected the arguments put forward by the NHS and | | | | sought in relation to particular circumstances. |