Thank you for your request for information about the following:

Please can you send me your SOP for GHIC and the name of the executive at NHSBA who oversaw the implementation of the scheme (& currently oversees if it is a different person).

Your request was received on 4 July 2022 and has been dealt with under the terms of the Freedom of Information Act 2000. We wrote to you on 29 July 2022 to explain that we would extend the deadline for the final response owing to the need to consider the public interest in releasing the data requested (as provided by section 10(3) of the Act). In this letter we provided the second part of the data you requested – namely the individual(s) responsible for implementing/ overseeing the GHIC scheme.

Response

Because Open Data Portal does not support PDF attachments, please contact nhsbsa.foirequests@nhs.net for a copy of the information. Please note that some of the information has been redacted (removed) for the following reasons –

1) Law enforcement – section 31 FoIA

We feel that the release of this information would be likely to prejudice the effective prevention or detection of crime, as it would provide details which could lead to an increase in fraudulent claims.

We are obliged to conduct a public interest test when deciding whether to release this information. Our findings are as follows –

Factors supporting the disclosure of information to the public –

• Increased public transparency of the GHIC assessment process

• Providing the public with an opportunity to challenge the basis of the GHIC assessment

Factors supporting the withholding of the information –

• Disclosure would allow potential for applicants to fraudulently increase value of benefit received

• Disclosure would allow increased fraudulent claimants for benefit

• An increased cost to the tax payer (paying for any increase in fraudulent claims)

• Disclosure would allow potential cyber criminals to target their attacks in a way which allows an increased chance of success

• A successful cyber attack could lead to a loss of personal data, some of which is special category personal data

• A successful cyber attack and subsequent data loss would cause substantial damage and distress to data subjects

• Such a data loss would lead to a loss of service, which would impact on the general public.

In summary we consider that the public interest in releasing this information is outweighed substantially by the potential detrimental effect on the effective prevention or detection of crime, and the increased cost to the tax payer of fraudulent claims as a result. Therefore in accordance with section 31(1)(a) of the Act, we are exempting this part of the information from release.

2) Commercial interests – section 43 FoIA

We feel that the release of this information would be likely to prejudice the commercial interests of NHSBSA and its suppliers.

We are obliged to conduct a public interest test when deciding whether to release this information. Our findings are as follows –

Factors supporting the disclosure of information to the public –

• Public accountability in ensuring that public money is being used effectively and obtaining value for money when purchasing goods and services

• The procurement process is now complete and will not necessarily be compromised by disclosure

• Ensuring that NHSBSA commercial activities are conducted in an open and transparent way.

Factors supporting the withholding of the information –

• Disclosure could assist a third party to see specific methods and processes, with a potentially serious detrimental effect on the commercial interests of the current contract holder

• Disclosure could leave suppliers at a commercial disadvantage in that third parties may use such information to target business away from the suppliers concerned

• The disclosure of the information could potentially identify trade secrets

• Potential serious detrimental effect on the commercial interests of the Authority due to a reduction in the effectiveness of the competitive tendering process should the Authority choose to re-test the market at a later time

• Following on from the section above relating to law enforcement, any increase in fraudulent activity or potential cyber threat would have an impact on the commercial interests of NHSBSA and its suppliers.

In summary we consider that the public interest in releasing this information is outweighed by the potential serious detrimental effect on the commercial interests of both the suppliers and NHSBSA. Therefore in accordance with section 43(2) of the Act, we are exempting this part of the information from release.

3) Personal information – section 40 FoIA

Some information has been redacted because it can identify an individual. In accordance with section 40(3A)(a) we cannot disclose information that would contravene any of the data protection principles as set out in the Data Protection Act 2018.

Finally – please note that on page 5 there is a reference to telephone applications no longer being possible. This is now not the case – in fact the UK GHIC/ EHIC phone line reopened on the 15 August August 2022 for customers with accessibility requirements.

In accordance with section 17 FoIA, please accept this letter as a refusal notice in relation the information which has been redacted owing to the three reasons outlined above.

If you have any queries regarding the data provided, or if you plan on publishing the data, please contact nhsbsa.foirequests@nhsbsa.nhs.uk ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented.

If you plan on producing a press or broadcast story based upon the data, please contact nhsbsa.communicationsteam@nhs.net. 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. Should you wish to re-use the information you must include the statement “NHSBSA Copyright 2022”. This information is licenced under the terms of the Open Government Licence (http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/) – 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.