Is vaccine status private medical information?

Summary

A requester asked Manx Care whether vaccine status is considered private medical information and if it is legal to require its disclosure. Manx Care responded that they do not hold the specific information requested and advised the requester to contact the Attorney General's Office instead.

Key Facts

• Manx Care stated they do not hold the information requested regarding the legal classification of vaccine status.
• The authority noted that confidentiality is an important legal and ethical duty but is not absolute.
• Manx Care suggested the requester resubmit the query to the Attorney General's Office.
• The response was issued under Section 11(3)a of the Freedom of Information Act 2015 as a practical refusal.
• The requester has the right to an internal review or to appeal to the Information Commissioner.

Data Disclosed

• 2037741
• 2021-10-14
• 2021-11-24
• Section 11(3)a
• Freedom of Information Act 2015

Exemptions Cited

• Section 11(3)a of the Freedom of Information Act 2015 (Information not held)

Original Request

1) On the Isle of Man is vaccine status treated/classed/ considered as 'private medical information'? 2) Is it legal to request disclosure of vaccine status, written or verbally? If so under which law?

Data Tables (1)

Full Response Text

Manx Care Noble’s Hospital, Strang Braddan, Isle of Man IM4 4R (01624) 650 000

Our ref: 2037741 24th November 2021

Dear ###

We write further to your request which was received on 14th October 2021 and which states:

"1) On the Isle of Man is vaccine status treated/classed/ considered as 'private medical information'? 2) Is it legal to request disclosure of vaccine status, written or verbally? If so under which law?"

Our Response 1) On the Isle of Man is vaccine status treated/classed/ considered as 'private medical information'? Confidentiality is an important legal and ethical duty but it is not absolute. Appropriate information sharing is an essential part of the provision of safe and effective care. Patients may be put at risk if those who provide their care do not have access to relevant, accurate and up-to-date information about them. Multidisciplinary and multi-agency teamwork is also placing increasing emphasis on integrated care and partnership working, and information sharing is central to this, but information must be shared within the framework provided by law and ethics. 2) Is it legal to request disclosure of vaccine status, written or verbally? If so under which law? And on clarification.. Is it lawful to request and/or require an individual to divulge private medical information? While our aim is to provide information whenever possible, in this instance Manx Care is unable to provide the information that you have requested. This is in line with Section 11(3)a of the Act, as a practical refusal reason applies; namely we do not hold the information that you have requested. You may wish to resubmit your request to the Attorney General’s Office. Please quote the reference number 2037741 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.