Vitamin D and Covid-19 Test Results

Summary

The applicant requested vitamin D test results for 2018-2020 and data linking vitamin D levels to COVID-19 outcomes. The Department of Health and Social Care initially refused both requests citing excessive work but partially upheld the request for historical vitamin D data during an internal review, while maintaining the refusal for COVID-19 linked data.

Key Facts

• The request was made on 2020-09-02 and the internal review outcome was confirmed on 2020-11-02.
• Question 1 regarding quarterly vitamin D test results was partially upheld after the applicant noted similar data was released in 2018.
• Question 2 regarding vitamin D levels in COVID-19 positive, hospitalized, and deceased patients was refused as it required excessive work to derive the data.
• An Independent Officer, Mrs Jane Watney, conducted the internal review.
• The Department provided an updated data extract for Question 1 as an exception to assist the applicant.

Data Disclosed

• 2018
• 2019
• 2020
• < 50 nmol/L
• 50-75 nmol/L
• 75-250 nmol/L
• > 250 nmol/L
• Case ID: 638065
• October 2018
• Section 8(3)
• Section 11(3)(b)
• Section 42

Exemptions Cited

• Section 8(3) - Excessive work to retrieve or derive information
• Section 11(3)(b) - Things a public authority is not required to do

Original Request

Question 1. Please provide a summary of all vitamin D test results by calendar quarter for the 2018, 2019 and 2020, categorised as follows - Deficient (< 50 nmol/L), Insufficient (50-75 nmol/L), Sufficient (75-250 nmol/L) and High (> 250 nmol/L). Question 2. Please provide a summary of vitamin D test results, categorised as follows - people who tested positive for COVID-19, people who were hospitalised after testing positive for COVID-19, and people who died as a result of COVID-19.

Data Tables (1)

Full Response Text

Interim Chief Executive: Kathryn Magson Freedom of Information Team Crookall House Demesne Road Douglas Isle of Man IM1 3QA Tel: (01624) 642621 Email: dhsc@foi.gov.im Website: www.gov.im/dhsc Our ref: 1455445 2nd November 2020

Dear ###

Information requested by: ### INTERNAL REVIEW UNDER THE FREEDOM OF INFORMATION ACT 2015 (‘the Act’) I write in reference to your (the “Applicant”) request, dated 23rd September 2020 for an internal review application, pursuant to Section 42 of the Act, regarding the response disclosed to your Freedom of Information request, ref 1455445 dated 2nd September 2020 duly submitted to the Department of Health and Social Care (the “Authority”). The aim of a review is to allow an Authority to take a fresh look at its response to an information request, to confirm the decision, with or without modifications or if appropriate to substitute a different decision. The review procedure should be fair and impartial and allow decision makers to look at the request afresh. An internal review of the response (disclosure) to your application has now been completed by an Independent Officer, Mrs Jane Watney, Information Assurance Officer, who was not involved in the original request. For ease, I have included your original request (ref 1455445 dated 2nd September 2020, subsequently answered (disclosed) 23rd September 2020. Original FOI Question 01: “Question” Please provide a summary of all vitamin D test results by calendar quarter for the 20018, 2019 and 2020., categorized as follows – Deficient (<50nmol/L), Insufficient ( 50-75 nmol/L), sufficient 75-250 nmol/L) and High (>250 nmol/L) Our response: Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us

to create or derive information from information that we hold. This would require the Department to undertake an excessive piece of work to retrieve relevant data from our systems in order to disclose. Original FOI Question 02: “Question” Please provide a summary of vitamin D test results, categorized as follows – people who tested positive for COVID-19, people who were hospitalized after testing for COVID-19, and people Our response: Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. This would require the Department to undertake an excessive piece of work to retrieve relevant data from our systems in order to disclose. Subsequently, on 23rd September 2020, you (the ‘Review Applicant’) enacted your legal right to request an internal review of the original disclosure pursuant to section 42 of the Act, namely; Internal Review Request Question 01: “Request” The Department has rejected the FOI request on the grounds that "This would require the Department to undertake an excessive piece of work to retrieve relevant data from our systems in order to disclose", yet the Department has already provided similar vitamin D information for an earlier time period (in response to a previous FOI - Case ID: 638065). I even requested the data using the Department's internal systems' classifications so as to minimise the effort required. Internal Review Response Question 1: “Response” The Internal Review confirmed that the data requested had been made available previously as a response to FOI IM-l638065 in October 2018. Whilst the Department no longer records the information as previously released in this format, it would be appropriate to produce an up-dated response, providing it was not an excessive piece of work to derive from data already held. However, as an exception on this occasion, and in the interests of providing assistance, we have taken a data extract and an officer has carried out substantial analysis to provide the information in Appendix A I can find no information that a request was made for the data to be produced using the Department’s Internal Systems’ classifications so as to minimise the effort required as stated above. Information has been produced and contains the data in a classification format as deemed appropriate by the service area.

Internal Review Request Question 02: “Request” This information is very important considering the current world events. If the Department has the data then it should publish it. If the Department does not have the data then it should say so. Internal Review Response Question 02: “Response” Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b). · create or derive information from information that it holds; · undertake research into, or analysis of, information that it holds; · undertake substantial compilation or collation of information that it holds. While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. This would require the Department to undertake an excessive piece of work to retrieve relevant data from various of our systems in order to disclose. Internal Review Findings: In response to the original disclosure, the Authority refused to disclose the information requested citing the absolute exemption set out in section 8(3) (things a public authority is not required to do by the Act S11(3)(b); • create or derive information from information that it holds; • undertake research into, or analysis of, information that it holds; • undertake substantial compilation or collation of information that it holds. In my opinion The Authority was justified in applying the absolute exemption as per the original disclosure (dated 2 September 2020) set out in section 8(3) for Question 1. However, as an exception on this occasion, and in the interests of providing assistance, we have taken a data extract and a copy is provided as Appendix A. In my opinion The Authority was justified in applying the absolute exemption as per the original disclosure (dated 2 September 2020) set out in section 8 (3) for Question 2. Internal Review Response Question 1 - In response to your original request, I have found the initial application of the absolute exemption to be correct. The information has however, for the reasons identified above, been provided by the authority and is attached as Appendix A.

Question 2 – In response to your original request, I have found the initial application of absolute exemption to be correct, and uphold the decision. To provide further advice and assistance I have provided this link to the Freedom of Information Act 2015 for further clarification. http://www.legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/2015/2015- 0008/FreedomofInformationAct2015_1.pdf Your right to request a review If you are unhappy with this response to your Freedom of Information Internal Review request, under Section 42(1) of the Act you have the right to apply to the Isle of Man Information Commissioner for a review of either our response or any decisions and/or justification we have used if there was a refusal to supply information. You can contact the Information Commissioner at: Isle of Man Information Commissioner PO Box 69 Douglas Isle of Man IM99 1EQ Telephone: 01642 693260 Email: ask@inforights.im Website: https://www.inforights.im/complainthandling/how-to-make-a-complaint-to- theinformation-commissioner/freedom-ofinformation-complaints/ Should you then wish to appeal against the Commissioner’s decision, there is a right of appeal to the High Court on a point of law only. Yours sincerely Mrs Jane Watney Information Assurance Officer Corporate Services Department of Health and Social Care

Interim Chief Executive: Kathryn Magson Freedom of Information Team Crookall House Demesne Road Douglas Isle of Man IM1 3QA

Tel: (01624) 642621 Email: dhsc@foi.gov.im Website: www.gov.im/dhsc Our ref: 1455445 22nd September 2020

Dear ###

We write further to your request which was received on the 2nd September 2020 and states:

"Question 1. Please provide a summary of all vitamin D test results by calendar quarter for the 2018, 2019 and 2020, categorised as follows - Deficient ( < 50 nmol/L), Insufficient (50-75 nmol/L), Sufficient (75-250 nmol/L) and High (> 250 nmol/L). Question 2. Please provide a summary of vitamin D test results, categorised as follows - people who tested positive for COVID-19, people who were hospitalised after testing positive for COVID-19, and people who died as a result of COVID-19."

Our response. Question 1: Please provide a summary of all vitamin D test results by calendar quarter for the 2018, 2019 and 2020, categorised as follows - Deficient ( < 50 nmol/L), Insufficient (50-75 nmol/L), Sufficient (75-250 nmol/L) and High (> 250 nmol/L). Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. This would require the Department to undertake an excessive piece of work to retrieve relevant data from our systems in order to disclose.

Question 2: Please provide a summary of vitamin D test results, categorised as follows - people who tested positive for COVID-19, people who were hospitalised after testing positive for COVID-19, and people who died as a result of COVID-19. Complying with the request for information would require the public authority to do one or more of the matters mentioned in section 8(3) (things a public authority is not required to do by the Act S11(3)(b). While our aim is to provide information whenever possible, in this instance, complying with your request for information would require us to create or derive information from information that we hold. This would require the Department to undertake an excessive piece of work to retrieve relevant data from our systems in order to disclose. Please quote the reference number 1455445 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely ###