Freedom of Information

The purpose of the Freedom of Information Act 2000 is to promote greater openness by public authorities. The right to access recorded information held by the Trust may be exercised by anyone worldwide. This dates back to 1st January 2005.

Anyone may ask general or specific questions about any aspect of Trust business and its decision making processes.

Does this conflict with the Data Protection Act?

No, individuals may access their personal data under the Data Protection Act 1998 and this has not changed. This is known as the “subject access right” and this right is not affected by the Freedom of Information Act (FoI).

No member of the public may apply to receive your personal and confidential patient information.

Are there any useful websites?

www.informationcommissioner.gov.uk - the site of the Information Commissioner supplies a lot of information about Freedom of Information about Freedom of Information, the Data Protection Act, the Caldicott Principles (protection of patient information) and the Environmental Information Regulations.

www.cfoi.org.uk - the site of the Campaign for Freedom of Information – there is practical advice on this site to help people use their access rights.

How do I contact someone?

If you wish to discuss any aspect of the Trust’s strategy for meeting the requirements of Freedom of Information and the environmental Information Regulations, contact Rebecca Pascoe on 01245 516595 or e-mail to: foi@meht.nhs.uk or write to:

Rebecca Pascoe
Manager
Mid Essex Hospitals NHS Trust
Broomfield Court Annexe
Pudding Wood Lane
Broomfield, Chelmsford
Essex CM1 7ET

If you wish to receive a copy of part or all of your health record held by Mid Essex Hospitals, you can ring 01245 514288 for an application or download the form here (there is a charge for this service).
 

Are there Exemptions from the Act?

Whilst the Trust and other public bodies will be as open as possible there are 23 exemptions under the Act. Some of these relate to national security international relations or the justice system - the main exemptions that will apply to the NHS are:
 

• Any request that involves information that concerns the individual making the request will be managed under the Data Protection Act

• All and any identifiable patient information that is protected under the Data Protection Act

• Personal data about other people or staff – (except where staff names are mentioned in viewable documents such as Trust Board Minutes or on the Trust website)

• Commercially sensitive information or trade secrets

• Information that is already available through another route 
   

How do I appeal against a decision not to disclose?

If the Trust decides not to disclose Information the requester will be informed of the basis for the refusal together with a right of appeal and how to exercise it. The first level of appeal will normally be to the Trust. 

The final level of appeal will be to the Information Commissioner.