The Freedom of Information Act 2000 gives a general right of access to information held by the PCT, subject to certain conditions and exemptions as detailed in the Act.

Any person may request information in writing, stating the name of the applicant, an address for correspondence and a description of information requested and how information is to be supplied.

The applicant has the right:

• To be informed in writing whether the PCT holds the information,
  and
• to have that information communicated to them within 20 working days if the PCT holds the information

Related information

Please click on the links below to access relevant information that is either contained elsewhere on this site or on external websites:

• download or view the NHS Devon ‘Freedom of Information Policy’
• view the Integrated Governance Policies
• go to the Freedom of Information Act 2000 website.
• go to the Information Commissioner’s office website
• download or view the NHS Devon 'Records Management Policy'

If you wish to make a request for information under Freedom of Information please e-mail foi.devonpct@nhs.net

If you prefer, you can send your request to the following address:

Freedom of Information
NHS Devon
Commissioning Headquarters
County Hall
Topsham Road
Exeter
EX2 4QL

FOI Disclosure Log

Devon PCT will routinely publish anonymised responses to FOI requests, where these are of a general nature and are considered to be of public interest.

Click this link to view the FOI Disclosure Log.

Statistical information on the FOI requests received by NHS Devon is published annually, in the ‘Board Meetings’ section of this site. Click the link to view or download the latest report.

Statistical information on the Complaints received by NHS Devon is published annually, in the ‘Board Meetings’ section of this site. Click the link to view or download the latest report.

Publication Scheme

The NHS Devon website has recently been updated with additional information to meet the requirements of a Publication Scheme as instructed by the Information Commissioner’s Office from 1st January 2009.

A guide to the information available on the NHS Devon web site is available by clicking the link.

Environmental Information Regulations 2004

The Environmental Information Regulations gives the public, in most cases, the right to access environmental information held by a public authority, or organisation carrying out a public environmental function.

Environmental information is divided into the following six categories:

1. The state of the elements of the environment, such as air, water, soil, land, fauna (including human beings)
2. Emissions and discharges, noise, energy, radiation, waste and other such substances
3. Measures and activities such as policies, plans, and agreements affecting or likely to affect the state of the elements of the environment
4. Reports, cost-benefit and economic analyses
5. The state of human health and safety, contamination of the food chain
6. Cultural sites and built structures (to the extent they may be affected by the state of the elements of the environment)

When a public authority receives a request for information under the Environmental Information Regulations it is legally obliged to provide either the information, or a letter explaining why the information is an exception, within 20 working days. For further information regarding the Regulations and for a list of the exceptions please visit the Information Commissioners website at www.ico.gov.uk.

Please make all requests in writing, either by email or post to:

Freedom of Information
NHS Devon
Commissioning Headquarters
County Hall
Topsham Road
Exeter
EX2 4QL
foi.devonpct@nhs.net

Accessing Health Records

Patients have the right to see, and receive a copy of, information we hold about them in their Health Record. This is known as the right of 'subject access'. This right is contained within two Acts of Parliament:

• The Data Protection Act 1998, which covers access to records of living individuals
• The Access to Health Records Act 1990, which only covers access to records of deceased patients.

Who can apply for access to health records?

The people who can seek access to records under the Data Protection Act are:

• The patient
• Persons authorised in writing on behalf of the patient
• Persons with parental responsibility for a child patient
• Persons appointed by the Court to act on behalf of the patient.

The people who can seek access to records under the Access to Health Records Act are:

• Personal representatives of a deceased patient, or any person with a claim arising out of that person's death.

Process to follow
 
Applications to access records can be made through the Devon PCT location which the patient has attended.

Exceptions

Under the Data Protection Act the patient or their representative has the right of access to any information contained within their health record, except where:

• A Health Professional considers that giving access to that information would cause serious harm to the physical or mental health or condition of the patient or any other person
• Any information that identifies a third party, where that third party is not a health professional and has not consented to the disclosure (Note, a GP is classed as a Health Professional)
• Where the applicant is acting as a representative of the patient, who is capable of understanding the request for access, but where the applicant is not considered to be acting with the patient's permission
• Where the patient is not capable of understanding the request for access, and it is considered that the release of information would not be in the best interests of the patient
• Any information which is restricted by law from disclosure under other Acts of Parliament, which includes:

                         Human Fertilisation and Embryology Act 1990
                         Human Fertilisation and Embryology (Disclosure of Information) Act
                         NHS (Venereal Diseases) Regulations 1974
                         NHS Trust (Venereal Diseases) Regulations 1991
                         The Abortion Regulations 1991

Under the Access to Health Records Act the patient's representative has a right of access to all records kept on or after the 1 November 1991. However, all the exceptions noted above for the Data Protection Act equally apply to the Access to Health Records Act.

Any information you supply in making a request will be treated in confidence, and is subject to the Data Protection principles. The information you supply will be used for the purpose of carrying out the search for your information in accordance with Section 7 of the Data Protection Act 1998. The trust is only responsible for providing information which is held by us. The information you supply will be held securely and confidentially for up to 2 years to enable the trust to deal with your request and any follow-up issues or complaints; the trust will not use this information for any other purposes without your permission.

The maximum charge for a copy of records is £50. NHS Devon has a sliding scale of fees:

Record Type & Charge
Paper records – A&E (Cas Card) one sheet - £10.00
Paper records – up to 50 pages - £10.00
Paper records – between 50 & 100 pages - £35.00
Paper records – over 100 pages - £50.00
Copy of electronic record – any number of pages - £10.00
X-rays held by acute trust - Write to relevant acute trust
X-rays on microfilm held by PCT - £50.00
X-rays from ePACS - £10.00
Access to view health records in their current location - No charge
Records amended or added to in the 40 days preceding the date the request was received - No charge

Charging for Information

Publication Scheme

For the most part, we will charge you only for hard copies or copying onto media (for example, a CD ROM). Some information is available free of charge, but there may be a charge for other information. The charges will vary according to how information is made available. Charging details are as follows.

• NHS Devon Website (http://www.devonpct.nhs.uk/) - Information is free of charge, although any charges for the internet service provider and personal printing costs would have to be met by the individual requesting information.
• Single page print-out from the website - Available free of charge from the Freedom of Information team or by personal application at NHS Devon, Commissioning Headquarters, County Hall, Topsham Road, Exeter, EX2 4QL. We will not provide print-outs from other organisation's websites.
• Multiple page print-outs and archived copies of documents that are not available on the website - There may be a charge to cover the cost of retrieval, photocopying and postage. We will let you know the cost and charges that have to be made, in advance.
• Leaflets and brochures on services that we offer - These are free of charge.
• 'Glossy' or other bound paper copies, CD ROM, video or other media - A charge will be made for information in these formats. Please contact the Information Governance Manager for further information at NHS Devon, Commissioning Headquarters, County Hall, Topsham Road, Exeter, EX2 4QL or foi.devonpct@nhs.net .
• E-mail - Information sent by e-mail will usually be free of charge, unless stated otherwise.

These charges will be reviewed regularly and this section of the Publication Scheme will be updated accordingly.

Copyright and Reuse of Public Sector Information

The material available through the trust’s publication scheme is subject to NHS Devon’s copyright unless otherwise indicated. Unless expressly indicated on the material to the contrary, it may be reproduced free of charge in any format or medium, provided it is reproduced accurately and not used in a misleading manner. Where any of the copyrighted items are re-published or copied to others, you must identify the source of the material and acknowledge the copyright status. Permission to reproduce material does not extend to any material accessed through this website that is the copyright of third parties. You must obtain authorisation to reproduce such material from the copyright holders concerned. Further information can be obtained form the Office of Public Sector Information www.opsi.gov.uk.

Reuse of Information

The Reuse of Public Sector Information Regulations came into force on 1 July 2005. The objective of the regulation is to encourage the electronic information industry by making information held by public bodies available for reuse.

Information supplied by NHS Devon as a result of a request for information under the Freedom of Information Act 2000 is subject to NHS Devon’s copyright unless otherwise indicated. It may be reproduced free of charge, in any format or medium, unless expressly indicated to the contrary provided:

• It is reproduced accurately and not used in a misleading manner
• The source is identified and NHS Devon’s copyright is acknowledged

This permission does not extend to any material which is the copyright of third parties. You must obtain authorisation to reproduce such material from the individual copyright holder.

A copy of the Regulations, and further information on the Reuse of Public Sector Information, can be obtained from the Office of Public Sector Information at www.opsi.gov.uk.

Open Government Licence

The National Archives has launched a new Open Government Licence, which makes it faster and easier than ever before to re-use public sector information, including that produced by NHS Devon.

The UK Open Government Licence is a key element of the Government's commitment to greater transparency. It provides a single set of terms and conditions for anyone wishing to use or license government information and removes some of the existing barriers to re-use.

As for the Reuse of Public Sector Information Regulations above, NHS Devon’s published information may be reproduced free of charge, in any format or medium, unless expressly indicated to the contrary, provided:

1. It is reproduced accurately and not used in a misleading manner
2. The source is identified and NHS Devon’s copyright is acknowledged
3. It is clear that the use of this information is not endorsed by NHS Devon
4. Certain types of information are not re-used:

• Personal data
• Logos
• Intellectual property
• Third party data, including that which is the copyright of third parties, without authorisation from the appropriate copyright holder.