FOI-03066

Thank you for your request for information about the following: 

##Request 

<p><i>‘Under the FOI Act 2000, I request confirmation as to whether a person named [name redacted] (any spelling variations, other first name [name redacted]), associated with [location redacted], is or has been a member of the NHS Pension Scheme. They claim to be a retired nurse, currently protesting with Palestine Action. Other articles claim they were a paramedic/emergency medic. They claim to have rejected their pension due to 'finding links to genocide' but do not appear of pension age, therefore I am curious as to whether they are eligible for an NHS pension. If possible, please include the approximate period of membership or confirmation of existence of membership’</i></p>

The NHS Business Services Authority (NHSBSA) received your request on 11 August 2025.  

We have handled your request under the Freedom of Information Act 2000 (FOIA). 

##Our response 

We neither confirm nor deny that we hold the information requested. We have the right to do this under section 40(5B) of the Freedom of Information Act. The below annex sets out the section in full. As we have not confirmed your identity, we cannot confirm whether or not we hold the requested information. 

##Section 40 - Personal information 

(1) Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject. 

(2) Any information to which a request for information relates is also exempt information if - 

a.	it constitutes personal data which does not fall within subsection (1), and  

b.	the first, second or third condition below is satisfied.  

(3A) The first condition is that the disclosure of the information to a member of the public otherwise than under this Act— 

would contravene any of the data protection principles, or 

would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded. 

(3B) The second condition is that the disclosure of the information to a member of the public otherwise than under this Act would contravene Article 21 of the GDPR (general processing: right to object to processing). 

(4A) The third condition is that— 

on a request under Article 15(1) of the GDPR (general processing: right of access by the data subject) for access to personal data, the information would be withheld in reliance on provision made by or under section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act 2018, or 

on a request under section 45(1)(b) of that Act (law enforcement processing: right of access by the data subject), the information would be withheld in reliance on subsection (4) of that section. 

(5A) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1). 

(5B) The duty to confirm or deny does not arise in relation to other information if or to the extent that any of the following applies— 

(a) giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a)— 

(i) would (apart from this Act) contravene any of the data protection principles, or 

(ii) would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded; 

(b) giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) contravene Article 21 of the GDPR (general processing: right to object to processing); 

(c) on a request under Article 15(1) of the GDPR (general processing: right of access by the data subject) for confirmation of whether personal data is being processed, the information would be withheld in reliance on a provision listed in subsection (4A)(a); 

(d) on a request under section 45(1)(a) of the Data Protection Act 2018 (law enforcement processing: right of access by the data subject), the information would be withheld in reliance on subsection (4) of that section 

(6) In this section— 

“the data protection principles” means the principles set out in—  

(a) Article 5(1) of the GDPR, and  

(b) section 34(1) of the Data Protection Act 2018;  

“data subject” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);  

“the GDPR”, “personal data”, “processing” and references to a provision of Chapter 2 of Part 2 of the Data Protection Act 2018 have the same meaning as in Parts 5 to 7 of that Act (see section 3(2), (4), (10), (11) and (14) of that Act).  

(7) In determining for the purposes of this section whether the lawfulness principle in Article 5(1)(a) of the GDPR would be contravened by the disclosure of information, Article 6(1) of the GDPR (lawfulness) is to be read as if the second sub-paragraph (disapplying the legitimate interests gateway in relation to public authorities) were omitted.” 

##Data Queries 

Please contact <a href=mailto:foirequests@nhsbsa.nhs.uk>foirequests@nhsbsa.nhs.uk</a> 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 <a href=mailto:communicationsteam@nhsbsa.nhs.uk>communicationsteam@nhsbsa.nhs.uk</a>. 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 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. 

Organization: Freedom of Information Disclosure Log