The Pharmaceutical Journal
Vol 270 No 7230 p3
4 January 2003

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Medicines Control Agency (www.mca.gov.uk)

MCA asks for views on freedom of information and ending section 118

The Medicines Control Agency has launched a public consultation on commercial and other aspects of confidentiality enshrined in the Medicines Act 1968, section 118 and its associated Regulations, and whether they should be modified.

MLX 292, issued by the MCA in late December 2002, sets out three different options, without favouring any of them: to retain the statutory prohibition on officials releasing information gathered by the MCA for licensing purposes, to amend the provisions or replace them with similar laws, or to repeal them in their entirety.

However, the consultation letter adds that some information would have to remain confidential, even if the prohibition on disclosure is removed. Legitimate trade secrets would continue to be protected, as would other, undefined, "legitimate commercial, regulatory and confidential information".

The consultation has been started because the Lord Chancellor has asked all Government departments to review their statutory bars to disclosure because of the expected full implementation of the Freedom of Information Act 2000 in January 2005 (PJ, 7 December 2002, p801).

The consultation letter can be found here ( Microsoft Word document)