The NHS is preparing for a lawsuit in connection with the Freedom of Information ("FOI") to the final authority in the United Kingdom. It is expected that will be a milestone in an example of "an easily defensible decision Freedom of Information and Privacy will be."
In January 2005 the NHS National Service Scotland has decided that there is only limited details released in response to an FOI request. The FOI request, which was a researcher for aGreen Member of Scottish Parliament, affected records of leukemia in children under the age of 15 in Dumfries and Galloway. Specifically, the researchers wanted to find out if there are any cancer "hotspots" of the next Chapelcross nuclear power station or the Dundrennan military. The case was finally ended with the Scottish Information Commissioner who ruled in favor of the researcher.
The NHS refused, however, hand over the requested data and appealed to the Court of Sessionthe decision to change. In a landmark ruling, the Court rejected the arguments of the NHS and confirmed the Information Commissioner's findings. The NHS is now appeal against the Court of Session decided that this has taken the first time a public body an FOI dispute to the UK in the last instance of appeal.
The Information Commissioner was to discuss in considerable difficulty, as the data could have provided, and cited examples of other cases, such as Regina Division Vof Health ex parte. Source Informatics Ltd said, however, that the NHS would be to produce information using raw data from Census Ward level unfair to the individuals as if they were identified by the data concerned.
We await the outcome of this decision.
Please contact us for information, such as personal data of individuals at or Visit enquiries@rtcoopers.com treat http://www.rtcoopers.com/practice_dataprotection.php
© RT Coopers, 2007. This briefing note does notprovide a comprehensive or complete statement of the law on the issues discussed and not legal advice, it dar. only general questions will highlight. Specialist legal advice should always be sought in relation to particular circumstances.
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