The Pharmaceutical Journal
Vol 271 No 7258 p98
19 July 2003

Society summary

An occasional feature, prepared in the Royal Pharmaceutical Society's Professional Standards Directorate, to highlight problems and inquiries currently being handled

Law and Ethics Bulletin, 1992 to present

Freedom of Information Act 2000: publication schemes

Pharmacists providing NHS services are required by 31 October 2003 to submit a scheme for publication of certain information, under the Freedom of Information Act 2000.

Subject to certain exemptions, the Act, passed in November 2000, permits general access to all types of recorded information held by "public authorities" and also places a number of obligations on such authorities. Pharmacists providing NHS services are included in the definition of public authorities, but not local pharmaceutical committees. The Act states that it is the duty of every public authority to adopt and maintain a publication scheme, to publish information in accordance with its scheme and, from time to time, to review the scheme.

In England, pharmacists can adopt the Information Commissioner's or other model scheme in light of the similarity of their function and the information they publish, but they must ensure that all the information required is published. The Information Commissioner has produced explanatory notes that accompany the model scheme. In the absence of any other communication from the pharmacist, the Information Commissioner will automatically assume that the model publication scheme has been adopted.

Alternatively, pharmacists may devise their own ("bespoke") publication schemes to reflect the information they hold. Pharmacists who choose to devise such a scheme can obtain guidance from the Information Commissioner.

A copy of the completed scheme, together with the completed approval questionnaire, must be returned to the Information Commissioner no later than 31 August. The submission of a scheme is a legal requirement and failure to submit a scheme by 31 October may result in enforcement action by the Information Commissioner.

Wales and Northern Ireland are included in the above Freedom of Information Act, with the same deadlines. Their model publication schemes are being finalised and will be placed on the Information Commissioner's website (see below) when available.

Scotland has its own Freedom of Information Act. However, public authorities have to submit their publication schemes for approval by the Scottish Information Commissioner by 31 May 2004 and the approval must be completed by 1 September 2004. The location of the public authority determines which legislation applies and not the location of regional offices.

Further information is available from the Information Commissioner's enquiry line (tel 01625 545700) and website (www.informationcommissioner.gov.uk) and from a National Health Service freedom of information website (www.foi.nhs.uk). The Freedom of Information Act 2000 can be accessed here.

Pharmacists in Scotland can obtain further information from the website of the Scottish Information Commissioner (www.itspublicknowledge.info) and from a Scottish Executive freedom of information web page. The Freedom of Information (Scotland) Act 2002 can be accessed here.