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Appendix A LEGISLATION AND NATIONAL POLICY NHS Code of Practice The Records Management: NHS Code of Practice has been published by the Department of Health as a guide to the required standards of practice in the management of records for those who work within the NHS. It is based on the current legal requirements and professional best standards

Information Governance Toolkit As a key part of the Information Governance agenda, the Department of Health and the NHS Connecting for Health jointly produced an Information Governance Toolkit. With regards to records management the toolkit requires a systematic and planned approach to the management of records to be in place so that the organisation can ensure, from the moment a record is created until its ultimate disposal, it can control both the quality and quantity of information it generates; can maintain that information in a manner that effectively services its needs and those of its stakeholders; and it can dispose of the information appropriately when it is no longer required.

Freedom of Information Act 2000 The Freedom of Information Act 2000 is designed to promote a culture of openness and accountability within public authorities by making “everything public unless it falls into specified excepted cases.� The act has 2 key features: It establishes the right of access to information held by public authorities by any person requesting that information, subject to certain exemptions, ie no patient identifiable information or business sensitive information will be released. The individual right of access applies no matter who the person is or where they are from. It imposes a requirement on public authorities to proactively disclose the information they hold, subject to certain exemptions. This will be achieved by public authorities establishing and maintaining a Publication Scheme. Section 46 Code of Practice This code of practice, issued under section 46 of the Freedom of Information Act, gives guidance on good practice in records management. It applies to all authorities subject to the Act, to the Public Records Act 1958 or to the Public Records Act (Northern Ireland) 1923. It also contains guidance on the review and transfer of public records to an archives office for permanent preservation. The section 46 code of practice was revised and re-issued on 16 July 2009.

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