Covid swab DNA use

Summary

A request was made to the Department of Health and Social Care regarding the disposal, sale, and privacy policies of COVID-19 swab samples containing DNA. The department refused to provide the information, stating it is not held by them and may be held by Manx Care or the Cabinet Office.

Key Facts

• The Department of Health and Social Care does not hold the requested information regarding COVID-19 swab samples.
• The information may be held by Manx Care or the Cabinet Office.
• The Department of Health and Social Care was redesigned on 1 April 2021 following Sir Jonathan Michael's Independent Review.
• The redesign separated policy setting from care service delivery, which is now handled by Manx Care.
• The request was closed on 26 November 2021.

Data Disclosed

• 2113161
• 2021-11-25
• 2021-11-26
• 1 April 2021
• Section 11(3)a

Exemptions Cited

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

Original Request

An article in the Telegraph https://www.telegraph.co.uk/news/2021/11/14/covid-test-firm-sell-swabs-carrying-customers-dna/ reveals that a company carrying out tests in the UK is planning to sell the swabs it has kept, containing DNA data. 1. Please would you confirm what has happened to the samples and associated DNA taken for covid PCR analysis on the Island? Have they been kept or disposed of or shared? 2. Is there any legislation preventing the biological samples being sold / shared in the future? And if not, will the department give assurance that this will never happen? 3. Please could you direct me to the privacy policy advising people of what happens to their data when taking a PCR test? Thanks

Data Tables (1)

Full Response Text

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

Our ref: 2113161 26 November 2021

Dear ###

We write further to your request which was received on 25 November 2021 and which states:

"An article in the Telegraph https://www.telegraph.co.uk/news/2021/11/14/covid-test- firm-sell-swabs-carrying-customers-dna/ reveals that a company carrying out tests in the UK is planning to sell the swabs it has kept, containing DNA data. 1. Please would you confirm what has happened to the samples and associated DNA taken for covid PCR analysis on the Island? Have they been kept or disposed of or shared? 2. Is there any legislation preventing the biological samples being sold / shared in the future? And if not, will the department give assurance that this will never happen? 3. Please could you direct me to the privacy policy advising people of what happens to their data when taking a PCR test? Thanks"

While our aim is to provide information whenever possible, in this instance the Department of Health and Social Care ('the Department') 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 or cannot, after taking reasonable steps to do so, find the information that you have requested as it may be held by Manx Care and Cabinet Office. You may wish to re-submit your request to Manx Care and Cabinet Office who may be able to help you. These options are available on the Freedom of Information request portal. To provide advice and assistance, the Department of Health and Social Care redesigned on 1 April 2021 as a direct result of Sir Jonathan Michael’s Independent Review of the Isle of Manx Health and Care System.

This Review continues to be a catalyst for change and improved service provision. The redesigned Department ensures the separation between the setting of policy and strategy and the delivery of care services by Manx Care. Please quote the reference number 2113161 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.