Information

Information relating to health data: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

"I would be grateful if you could send me all correspondence between Professor Andrew Morris or other representatives of Health Data Research UK, and the Chief Scientists Office and/or the Health Minister which relates to the management of Scottish health data. I am interested in all communications since January 2020. This could include emails, presentations, meeting records or minutes, reports and SMS or other instant messages".

Further clarified as:
“Thank you for your request for clarification. With regard to HDRUK representatives it may help to limit my request to anyone listed here: https://www.hdruk.ac.uk/wp-content/uploads/2021/09/HDR-UK-Register-of-Interests-23_09.pdf

Secondly, you asked for further clarification on the meaning of "“the management of Scottish health data."

By this I am primarily interested in any communications regarding the NHS Scotland network of health data 'Safe Havens," the Data Loch project being developed by the University of Edinburgh, or broader discussions about utilising data held by Scottish health boards for research - especially where this may relate to UK-wide collaboration with other nations.”

Response

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections s.36(2) (actionable breach of confidence) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained in the Annex.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION


Exemptions Apply
i. An exemption under section s.36(2) (actionable breach of confidence) of FOISA applies to some of the information you have requested. This exemption applies in accordance with confidentiality as the information was obtained by a Scottish public authority and disclosing it would constitute an actionable breach of confidence. Where this exemption has been applied, the information has not been provided.

This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

ii. An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested. This exemption applies in accordance with The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018). Where this exemption has been applied, personal names and corresponding organisations have been redacted from the information provided.

This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI202100240987 - Information released 1

FOI202100240987 - Information released 2

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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