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Lords deliver leukaemia judgment Lords deliver leukaemia judgment
(about 3 hours later)
A three-year struggle to release childhood leukaemia figures in Dumfries and Galloway has been referred back to Scotland's information commissioner.A three-year struggle to release childhood leukaemia figures in Dumfries and Galloway has been referred back to Scotland's information commissioner.
The House of Lords has ruled he must decide whether the information can be "anonymised" sufficiently for it not to constitute personal data.The House of Lords has ruled he must decide whether the information can be "anonymised" sufficiently for it not to constitute personal data.
The case stems from a freedom of information request by the Green Party.The case stems from a freedom of information request by the Green Party.
The Common Services Agency (CSA), which holds the figures, had appealed against rulings ordering their disclosure.The Common Services Agency (CSA), which holds the figures, had appealed against rulings ordering their disclosure.
The case began in 2005 when Michael Collie - a worker for former Green MSP Chris Ballance - submitted a request to the NHS to find out the number of childhood leukaemia cases in Dumfries and Galloway.The case began in 2005 when Michael Collie - a worker for former Green MSP Chris Ballance - submitted a request to the NHS to find out the number of childhood leukaemia cases in Dumfries and Galloway.
The case is now back to the information commissioner and we really go back to scratch and see what he can do to ensure its release in anonymised form Chris BallanceFormer Green MSPThe case is now back to the information commissioner and we really go back to scratch and see what he can do to ensure its release in anonymised form Chris BallanceFormer Green MSP
It came as a result of concerns on the Solway coast that radioactivity from MoD facilities and nuclear plants could be blown ashore.It came as a result of concerns on the Solway coast that radioactivity from MoD facilities and nuclear plants could be blown ashore.
The CSA - commonly known as NHS National Services Scotland - said that the numbers involved were so small that releasing the information would identify individuals.The CSA - commonly known as NHS National Services Scotland - said that the numbers involved were so small that releasing the information would identify individuals.
However, information commissioner Kevin Dunion and Court of Session judges subsequently ordered the figures to be made public.However, information commissioner Kevin Dunion and Court of Session judges subsequently ordered the figures to be made public.
That prompted the CSA to make its appeal to the House of Lords, which has now asked the information commissioner to look at the case again.That prompted the CSA to make its appeal to the House of Lords, which has now asked the information commissioner to look at the case again.
Mr Ballance said he was disappointed by the ruling, which would see a further delay to any potential release of the figures.Mr Ballance said he was disappointed by the ruling, which would see a further delay to any potential release of the figures.
'Overriding concern'
"It means that we have got to wait even more time to get this resolved," he said."It means that we have got to wait even more time to get this resolved," he said.
"I think the House of Lords decision is not a victory for either side."I think the House of Lords decision is not a victory for either side.
"The case is now back to the information commissioner and we really go back to scratch and see what he can do to ensure its release in anonymised form.""The case is now back to the information commissioner and we really go back to scratch and see what he can do to ensure its release in anonymised form."
'Serious issue'
The House of Lords ruling was welcomed by the CSA, which said its "overriding concern" was "to protect the privacy of individual patients".The House of Lords ruling was welcomed by the CSA, which said its "overriding concern" was "to protect the privacy of individual patients".
The CSA says its main concern has been to protect patient privacy
Dr Adam Bryson, medical director of NHS National Services Scotland, said its motive had been to secure clarity on a "serious issue that potentially impacts on the rights to privacy of each of the 60 million people in the UK".Dr Adam Bryson, medical director of NHS National Services Scotland, said its motive had been to secure clarity on a "serious issue that potentially impacts on the rights to privacy of each of the 60 million people in the UK".
He added: "We remain fully supportive of the Freedom of Information (Scotland) Act and will continue to make as much information available as possible where this is consistent with protecting patient privacy."He added: "We remain fully supportive of the Freedom of Information (Scotland) Act and will continue to make as much information available as possible where this is consistent with protecting patient privacy."
Mr Dunion said he was pleased the Lords had upheld his view that he was entitled to require authorities to anonymise personal data for release.
"Clearly, developments since the issue of the original decision mean that I need to address again what statistical information can be disclosed in this case whilst protecting the privacy of individual patients," he said.
"I am looking forward to working with the CSA to establish what information can be released in light of the House of Lords decision."