The Environmental Information Regulations 2004 (EIR) and the Freedom of Information Act 2000 (FOI) provides a statutory general right of access to information held by public authorities, or by those providing services for public authorities. This means that we have certain obligations under the Act to provide information when requested, provided that the information is not exempt from disclosure under the provisions of EIR or FOI.
We are committed to meeting responsibilities while respecting commercial relationships with suppliers. Due consideration will be given to the potential impact on the commercial position of any of our suppliers when responding to a request for information which may concern them.
All information submitted to us may be subject to disclosure to a third party in response to a request for information under EIR and FOI.
How this may affect suppliers
We may receive requests for information specifically concerning our commercial relationship with our suppliers. We will consult with the supplier(s) concerned prior to responding to a request whenever reasonably practicable.
Suppliers tendering for NHS Digital work will be asked in the tender documentation to identify any information they consider to be exempt from disclosure due to confidentiality but, to note, it is solely for NHS Digital to make that determination.
Suppliers should note that if they provide us with any information marked ‘confidential’ or equivalent, this does not mean that we accept any duty of confidence by virtue of that marking.
We comply with applicable government procurement guidance in relation to procurements, including the pro-active publication of contracts, but subject to confidential information being redacted in accordance with FOI exemptions.