FOI-02436

Thank you for your request for information about the following: 
 
Request 
 
‘In reference to FOI-02372 and your email reply of 4th December 2024 describing “Fewer than five”, which could identify individuals.  Rather than requesting figures broken down into each individual year, which you have kindly provided, I would now like to request total figures across each category up to and including 1 November 2024. 
  
I understand your position regarding not releasing numbers fewer than 5.  My aim is to gain an understanding regarding the total numbers of individuals that have been registered over the full seven year period that EIBSS have been operating (between 1 November 2017 and 1 November 2024) and also the total number of individuals that have died over the full seven year period that EIBSS have been operating (between 1 November 2017 and 1 November 2024). 
  
I would like to request the following information under a Freedom of Information Request (FOI).   
  
1.  The Total Number of Individuals who have been registered with EIBSS from 1 November 2017 to 1 November 2024 in the following categories: 
  
Hepatitis C (stage 1) 

Hepatitis C (stage 2) 

Special Category Mechanism 

HIV 

Co-infected with HIV and Hepatitis C (stage 1) 

Co-infected with HIV and Hepatitis C (stage 2) 

Co-infected with HIV and Hepatitis C (stage 1) with Special Category
 
Mechanism 

Estate 

Partner/Spouse 

Widow widower civil partner 
  
2.  The Total Number of Individuals who have died from 1 November 2017 to 1 November 2024 in the following categories: 
  
Hepatitis C (stage 1) 

Hepatitis C (stage 2) 

Special Category Mechanism 

HIV 

Co-infected with HIV and Hepatitis C (stage 1) 

Co-infected with HIV and Hepatitis C (stage 2) 

Co-infected with HIV and Hepatitis C (stage 1) with Special Category Mechanism 

Estate 

Partner/Spouse 

Widow widower civil partner’ 
 
The NHS Business Services Authority (NHSBSA) received your request on 10 December 2024.  
 
We have handled your request under the Freedom of Information Act (FOIA) 2000. 
 
##Our response 
 
I can confirm that the NHSBSA holds the information you have requested, and a copy of the information is attached. 
 
Please read the below notes to ensure correct understanding of the data. 
 
The data provided is accurate as of 01 November 2024. Due to the changing nature of beneficiary levels, we are only able to provide a snapshot in time. 
 
Please note, there are some discrepancies between the data provided and the previous FOI for this data, FOI-02372. 
  
The primary reason for the discrepancy between is due to the change in breakdown of figures requested; for example, spouses, partners, estates etc. This has meant that the figures are split over slightly different categories.   
  
The secondary reason for a change in figures is due to claimants being registered to the Infected Blood Support Scheme as an Estate. This records historic deaths and increases the number of estates (or potentially Spouses/Partners) as well as active beneficiaries to our records as we are made aware of them. 
 
Please note, some of the figures have increased by less than five since the previous FOI for this data, FOI-02372. 
 
Fewer than five   
 
Please be aware that I have decided not to release the full details where the total number of individuals falls below five. This is because the individuals could be identified, when combined with other information that may be in the public domain or reasonably available.  
 
This information falls under the exemption in section 40(2) of the FOIA 2000 and 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 patient data processed by the NHSBSA remains confidential.  
 
Please click the below web link to see the exemption in full. www.legislation.gov.uk/ukpga/2000/36/section/40 
 
Breach of Confidentiality 
  
Please note that the identification of individuals is also a breach of the common law duty of confidence. An individual who has been identified could make a claim against the NHSBSA for the disclosure of the confidential information.  
 
This information is exempt under section 41 of the FOIA (information provided in confidence). This is because the requested information was provided to the NHSBSA in confidence. 
In order for Section 41 to be engaged, the following criteria must be fulfilled: 
 
•	the authority must have obtained the information from another person, 

•	its disclosure must constitute a breach of confidence, 

•	a legal person must be able to bring an action for the breach of confidence to court, and 

•	that court action must be likely to succeed. 
 
The NHSBSA can confirm that the information has been obtained from a third party and that subsequent disclosure of that information would constitute a breach of confidence. In addition, disclosure could result in a legal person being able to bring action for the breach of confidence to a court and that court action. 
 
Please click the below web link to see the exemption in full.    
https://www.legislation.gov.uk/ukpga/2000/36/section/41  
 
Publishing this response 
 
Please note that this information will be published on our Freedom of Information disclosure log at: 
 
https://opendata.nhsbsa.net/dataset/foi-02436  
 
Your personal details will be removed from the published response. 
 
Data Queries 
 
If you have any queries regarding the data provided, or if you plan on publishing, the data please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented. 
 
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 2024” 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: England Infected Blood Support Scheme
Organization: Freedom of Information Disclosure Log