Freedom of Information

Question 1

Explain the Freedom of Information Act 2000 (1)

Answer 1

The Act allows you to access recorded information held by public authorities in England, known as the ‘Right to Know’. Came into affect in January 2095.

Question 2

What do we consider when responding to an FOI request? (3)

Answer 2

• 20 working days to reply
• We have a duty to provide what is being asked
• Clearly identified the applicant’s contact details; and the information asked

Question 3

Explain the Data Protection Act 2018 (1)

Answer 3

The DPA 2018 seeks to strike a balance between the rights of the individual and the sometimes compelling interests of those with legitimate reasons of using personal information.

Question 4

What are the principles of Data Protection (from DPA 2018) (6)

Answer 4

• Used fairly, lawfully and transparently
• Used for specified, explicit purposes
• Used in a way that is adequate, relevant and limited to only what is necessary
• Accurate and, where necessary, kept up to date
• Kept for no longer than is necessary
• Handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

Question 5

Define medical confidentiality (2)

Answer 5

Medical confidentiality is the statutory and professional duty to safeguard information by preventing improper disclosure. ‘Personal information’ is information about people which health professionals learn professionally and from which individuals can be identified, directly or indirectly.

Question 6

What are principles of medical confidentiality (the Caldicott principles)? (8)

Answer 6

• Justify purpose for using confidential information
• Use confidential information only when it is necessary
• Use minimum necessary patient identifiable information
• Access to patient identifiable information should be strictly need to know
• Everyone with access to confidential information should be made aware of their responsibilities
• Comply with the law
• Duty to share information can be as important as duty to protect confidentiality
• Inform patients and service users about how their confidential information is used