FOI-01181

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Freedom of Information Disclosure Log

The NHSBSA's responses to Freedom of Information requests. read more

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Open Government Licence 3.0 (United Kingdom) [Open Data]

FOI-01181

I am writing to confirm that I have now completed my search for the information which you requested on 19 May 2023 as outlined below:

Under FOIA , I am requesting the following information:

a) All e-mail correspondence sent to, CC'd to or from EIBSS by/to DHSC or the Cabinet Office during the period 1st April 2023 - 18th May 2023 which relates to the Infected Blood Inquiry's second interim report.

The NHS Business Services Authority (NHSBSA) and the Department of Health and Social Care (DHSC) communicate on a regular basis regarding the England Infected Blood Support Scheme (EIBSS). The purpose of those communications is for the NHSBSA to provide information to DHSC, so DHSC can make informed decisions.

Section 40(2) – Personal Data

Please be aware that I have decided not to release details of all staff or information which could directly or indirectly identify staff, as this information falls under the exemption in section 40 subsections 1, 2 and 3 (a) of the Freedom of Information Act.

This is because it would breach the first data protection principle as:

a) It is not fair to disclose these people’s personal details to the world and is likely to cause damage or distress to staff.

b) These details are not of sufficient interest to the public to warrant an intrusion into the privacy of those staff.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/40

Section 36 – Prejudice to effective conduct of public affairs

The remaining information is being withheld as they fall under the exemption in 36(2)(b)(i) – (2)(b)(ii) and (2)(c) of the Freedom of Information Act.

In applying this exemption, we have balanced the public interest in withholding the information against the public interest in disclosing the information.

The factors the Authority considered when deciding that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information are as follows:

Factors for Disclosure

  • Transparency/Public Accountability

Factors against disclosure

  • The effective running/provision of the EIBSS is underpinned by the frank exchange of views and seeking of guidance by the NHSBSA from the DHSC.

  • Disclosure of certain information/views exchanged would be prejudicial to the openness of views exchanged between the parties, to the detriment of the provision of the service.

  • Disclosure of certain information would prejudice the formulation/communication of government policy decisions.

The authority has decided that in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Please click the below web link to see the exemption in full.

https://www.legislation.gov.uk/ukpga/2000/36/section/36

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Contact Information Governance
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Last Updated June 16, 2023, 12:25 (UTC)
Created June 16, 2023, 12:20 (UTC)