Request

1. ‘the details of the person sending these emails.
2. Or a senior manager’

Response

Question 1 – “the details of the person sending these emails”

I can confirm that the NHS Business Services Authority (NHSBSA) holds the information you have requested. However, we consider the full names of NHSBSA employees to be personal data under section 3(2) of the Data Protection Act 2018.

Disclosure of an employee’s name may result in their identification.

Please be aware that I have decided not to release the full name of the person(s) corresponding with you. This is because the personal details of NHSBSA employees as this information falls under the exemption in section 40 subsections 2 and 3(A)(a) of the FOIA.

As the requested information would allow a NHSBSA employee to be identified, I consider this information is exempt. This is because it would breach the first data protection principle as:

a. it is not fair to disclose NHSBSA employees’ personal details to the world and is likely to cause damage or distress to the NHSBSA employee

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

The requested information is exempt if disclosure would contravene any of the data protection principles. For disclosure to comply with the lawfulness, fairness, and transparency principle, we either need the consent of the data subject(s) or there must be a legitimate interest in disclosure.

In addition, the disclosure must be necessary to meet the legitimate interest and finally, the disclosure must not cause unwarranted harm.

This means that the NHSBSA is therefore required to conduct a balancing exercise between the legitimate interest of the applicant in disclosure against the rights and freedoms of the NHSBSA employee.

While I acknowledge that you have a legitimate interest in disclosure of the information, the disclosure of the requested information would cause unwarranted harm. Disclosure under FOIA is to the world and therefore the NHSBSA has to consider the overall impact of the disclosure and its duty of care. The expectation of the NHSBSA employees is that they will remain anonymous and will therefore not be subject to contact or pressure from claimants or campaigning groups.

Given the likelihood that the personal details would identify the NHSBSA employee there is a reasonable expectation that this information will not be disclosed under the FOIA. Disclosing this information would be unfair and as such would breach the UK General Data Protection Regulation first data protection principle.

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

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

Question 2 – “or a senior manager”

The NHSBSA administer the Vaccine Damage Payment Scheme (VDPS) since 1 November 2021 following it’s transfer from the Department for Works and Pensions. The Director of Primary Care Services at the NHSBSA responsible for the overseeing the administration of the scheme is Martin Kelsall.

The Department of Health and Social Care are responsible for policy decisions relating to the scheme and provide direction to the NHSBSA.

Data Queries

Please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan on publishing the data.

Reusing the data and copyright

If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk. This is important to ensure that the figures are not misunderstood or misrepresented.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:

https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2025” Failure to do so is a breach of the terms of the licence.

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information.