Data Protection

The Data Access and Disclosure Office deal with the disclosure of information outside the Trust. As an organisation, we are responsible for responding to requests for information made under UK GDPR, Access to Health Records Act 1990, and the Freedom of Information Act 2000.

See below all the information needed before making a request for information.

Each of the above Acts enables the public to access information that Torbay and South Devon NHS Foundation Trust holds. They also provide guidance on how organisations must manage these requests.

We are responsible for responding to Subject Access Requests within one calendar month or 30 days and we must respond to Freedom of Information Act requests within 20 working days. Under the Access to Health Records Act; we aim to ensure compliance within 21 days, depending on the availability of the records requested.

In line with the requirements of current legislation there is no charge for obtaining copies of records unless your request is deemed unfounded or excessive.

UK GDPR states that every living person, or their authorised representative acting on behalf of the individual, has the right to apply for access to records relating to them which are held by organisations. In order to ensure that we provide information appropriately, we will ask for specific information that is required to progress the request.

A request can be made in writing (either through a letter or email), by using the contact details below, or you may find it helpful to use our Subject Access Request form to detail what information you’d like to access.

Depending on the information required and who is requesting the information, further verification may be required so that all Data Protection principles are being met.

All requests for person confidential information held by the Trust must be made via the Data Access & Disclosure Office. This includes request made by current or previous staff for access to information that is held by the Trust. Our contact information is:

Data Access & Disclosure Office
Belmont Court
Torbay Hospital
Lowes Bridge
Torquay TQ2 7AA

Tel: 01803 654868
Email: Data Access & Disclosure Office

Some information may be withheld or redacted. This could be for the following reasons:

  • Where it has been judged that supplying the information is likely to cause serious harm to the physical or mental health of any individual or
  • Where providing access would disclose information relating to or provided by a third party who had not consented to the disclosure.

The Common Law Duty of Confidentiality extends to an individual after death and access to the records of the deceased is strictly controlled. A Subject Access Request form must be completed and should include evidence of the right of the requestor to view the deceased’s records.

Generally, rights of access are restricted to the personal representative of the deceased, the Executor or Administrator of the Estate or any person who may have a claim arising from the individual’s death.

On our Trust website www.torbayandsouthdevon.nhs.uk you will find information relating to locations of services and departments, documentation and contact details. We also have a publication scheme and will regularly publish details of Board Meetings, our Annual Reports and future plans.

If you cannot find the information you require on our website, you can make a Freedom of Information request in writing to the Data Access & Disclosure Office. The request can either be made using the form on our website, a letter or email but it must be in writing. Anyone can make a request for information and you are not required to tell us the purpose of the request.

In order for us to process the request, we will need your name, either a postal address or email address so that we can send our response. There is no fee for these requests and we will respond to your request within 20 working days.

There are some instances where we will not be able to release the information requested. Should this be the case, we will explain why using the specific exemptions that are noted within the Act.

You may also make a request for information under the Environmental Information Regulations (EIR) 2003. Requests under EIR relate to information about land use, waste, energy, food contamination, pest control, pollution, refuse, waste management, and dog patrol. We should respond within 20 working days, however for complex requests this may be extended to 40 working days.

As with the Freedom of Information requests, EIR requests can be made in writing or using our online form.

  • Subject Access Requests: Information may be withheld for where it may cause harm or where it relates to a third party.
  • Access to Health Records Act: Information requested under the Access to Health Records Act will be reviewed on an individual basis to ensure that the rights of the deceased to confidentiality are adhered to. This may mean that not all information held by the Trust will be disclosed, especially where there is information held about the wishes of the patient.
  • Freedom of Information Act: There are a number of circumstances when the organisation is not required to disclose information. We will inform you in our response if any of the appropriate exemptions apply.

If you are not satisfied with the Trust’s response to an application for information, you can appeal the decision. A review of the request and the information released will be undertaken by a senior member of staff. The review will be completed within 28 days and the outcome will be shared with you in writing.

Data Access & Disclosure Office
Belmont Court
Torbay Hospital
Lowes Bridge
Torquay TQ2 7AA

Tel: 01803 654868 Email: Data Access & Disclosure Office

If you are then not satisfied with outcome of your appeal, the Information Commissioner’s Office is the UK’s independent authority who uphold information rights in the public interest.