Request

‘Please provide a breakdown of the numbers of living EIBSS beneficiaries, who fall into the following categories, by County:

HIV Co-infected (stage 1 and HIV) Co-infected (SCM and HIV) Co-infected (stage 2 and HIV)

You do not need to breakdown each category, it would be one number per county, for example: Avon 5, Bedford 4, Bristol 0, etc’

Response

A copy of the information is attached.

Fewer Than 5

Please be aware that I have decided not to release the beneficiary details where the total number of beneficiaries falls below 5. This is because the beneficiaries could be identified, when combined with other information that may be in the public domain or reasonably available.

This information falls under the exemption in section 40 subsections 2 and 3A (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 a beneficiary’s personal details to the world and is likely to cause damage or distress.

b) these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the patients.

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

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

Breach of Patient confidentiality

Please note that the identification of beneficiaries is also a breach of the common law duty of confidence. A beneficiary who has been identified could make a claim against the NHSBSA for the disclosure of the confidential information.

The information requested is therefore being withheld as it falls under the exemption in section 41(1) ‘Information provided in confidence’ of the Freedom of Information Act.

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

https://www.legislation.gov.uk/ukpga/2000/36/section/41