FOI-03815

I am writing to confirm that I have now completed my search for the information which you requested.

##Request

<i>We are requesting data for FOI-03708. Our previous request was partially rejected on the basis that it would potentially compromise the anonymity of the dentists.
 
We would like to amend our previous request, and request the same dataset WITHOUT gender, but with the age band in the last period in which the performer is observed (specifically a binary indicator for whether the performing dentist is under-40, 40-54, or 55 and over in the last observed period). This would greatly increase the relevance of the dataset, but would address the concerns over confidentiality.</i>

The NHS Business Services Authority (NHSBSA) received your request on 11 May 2026.

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response

We can confirm that we do hold the requested information regarding age bands but this information is exempt under section 40(2) of the FOIA (personal information).

Section 40(2) is an absolute, prejudice-based exemption and therefore is exempt if disclosure would contravene any of the data protection principles. In order 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.

As we do not have the consent of the data subject(s), the NHSBSA is therefore required to conduct a balancing exercise between legitimate interest of the applicant in disclosure against the rights and freedoms of the data subject(s).

The NHSBSA acknowledges that you have a legitimate interest in disclosure of the information in order to provide the full picture of the requested data held by the NHSBSA; however, we have concluded that disclosure of the requested information would cause unwarranted harm and therefore, section 40(2) is engaged. This is because there is a reasonable expectation that the personal data of dental providers processed by the NHSBSA remains confidential.

Please see the following link to view the section 40 exemption in full - https://www.legislation.gov.uk/ukpga/2000/36/section/40

##Advice and Assistance

As an alternative to providing the age band of each NHS performer, we would be able to provide total counts of performers for each age category at ICB level for England or Health Board level for Wales.

##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.
Publishing this response

##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:

http://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 2026” 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.

Tags: NHS Presciption Services
Organization: Freedom of Information Disclosure Log