FOI-03716

Request   I am writing to make a follow-up Freedom of Information request relating to the data provided in response to FOI-03587, which covered private prescriptions for cannabis-based medicinal products broken down by pseudonymised prescriber identifier.     I would like to request the following information:     1. For each of the following ten `PRESCRIBER_PSEUDOID_NUMBERs` contained in the FOI-03587 dataset, please provide the corresponding prescriber's name, GMC registration number, and private prescriber code as held by NHSBSA.   1_89973c230232f3934ead4d2cf7ab2d338c849b9acea05ecdcc48604ecb3fd4ac     1_ffb3774799523b42b6d207b72dc73c63f958ac829f7b208589aaf8a16ad13003     1_1781f3598d27ea0f3bd016e2d35525bd34daf08115aa86d0a8f4c320c04d9f29     1_9c37be4318ff831b83a3bab99d2e08505080ecaa395eddbb4b6f0827f5aa4c5c    1_e7dcbe29b4bd1f4fba24c29e1a849607d85b2f02ef62fcf2774f343148c1ac79     1_601ea48ef0814911e74e9104fc82f5fc4c1117d2a0bf73e5ad41019201304758     1_c426c66350d980254ec20c4c7abadb1e43d5ceed8c3f0360af6dcff748c1453f    1_5c05d6c6933196036fddc8eb70c79fc95531c72c22d76633f17483961f5b958f     1_840838826fefa373113bd8d036bf4050f67a2585bb60dc4161ce7c86aa9278f3     1_e6cc2715fe7a1ca570af29d23add7f15a4c3c866acd084b23a0c37e5a2a83e34       These ten IDs are the prescribers who issued the highest counts of Schedule 2 and Schedule 3 CBPM prescription items that you shared in FOI-03597. Between them they account for 805,255 items in total or about 53 per cent of all items prescribed.   The NHS Business Services Authority (NHSBSA) received your request on 31 March 2026   We have handled your request under the Freedom of Information Act 2000   (FOIA).    We wrote to you on 30 April 2026 to let you know that we required an extension to consider the public interest test as exemptions apply to the requested information.   Our response   We can confirm that the NHSBSA holds prescriber information, including name, prescriber code, address and linked Integrated Care Board (ICB).  However, we consider this information to be exempt under section 40(2) and section 36 of the FOIA as detailed below.   The NHSBSA does not hold GMC registration numbers.   Section 40(2)- Personal information   The names and prescriber codes of the ten prescribers are personal data of the prescribers as it would result in their identification. Personal data is exempt from disclosure under section 40(2) of the FOIA if its disclosure would contravene any of the data protection principles.    To comply with the lawfulness, fairness, and transparency principle, we either need the consent of the data subjects or there must be a legitimate interest in disclosure. In addition, the disclosure must be necessary to meet the legitimate interest and finally, the disclosure must not cause unwarranted harm.   As we do not have the consent of the data subjects, the NHSBSA is therefore required to conduct a balancing exercise between legitimate interest of the applicant in disclosure against the rights and freedoms of the data subjects.    The NHSBSA acknowledges that there are public concerns surrounding private unlicenced cannabis prescribing. There is legitimate public interest in understanding that prescribing patterns are appropriate and that the sector is appropriately regulated and investigations conducted where necessary. Investigating bodies are able to access a wider range of data to support their investigation.   However, there is no expectation from prescribers that their information will be released into the public domain.    The release of prescriber names into the public domain is not necessary to improve regulation or for regulators and/or organisations with monitoring and oversight responsibilities to carry out investigations. The public can already raise concerns without the need for names to be in the public domain. The NHSBSA does and will continue to work with regulators and those with monitoring and oversight responsibilities to provide data to them where necessary and appropriate as requested by the relevant body.    The data that NHSBSA holds shows volumes of prescriptions issued by named prescribers. On its own the data we hold cannot provide any wider context about the prescribing and/or its appropriateness.   We have concluded that disclosure of the requested information would not comply with the lawfulness, fairness and transparency principle as the requested information is not required to meet the legitimate interests and so would not be fair to prescribers.  Therefore section 40(2) is engaged.   Please see the following link to view the section 40 exemption in full -  https://www.legislation.gov.uk/ukpga/2000/36/section/40   Section 36 – Prejudice to the effective conduct of public affairs   The NHSBSA considers the information you have requested is exempt from disclosure under sections 36(2)(b)(i), 36(2)(b)(ii) and 36(2)(c) of the FOIA.   Section 36(2)(b)(i) – This is because disclosure would inhibit the free and frank provision of advice.   Section 36(2)(b)(ii) - This is because disclosure would inhibit the free and frank exchange of views for the purposes of deliberation.   Section 36(2)(c) -This is because disclosure would otherwise prejudice the effective conduct of public affairs.   Section 36(2) of the FOIA requires the public authority to consult the relevant qualified person before the exemption is engaged. It further necessitates that the qualified person has the reasonable opinion that the prejudice referenced would or would be likely to, arise through disclosure.    The name of the qualified person in this case is Michael Brodie, NHSBSA CEO.   In the qualified person's opinion, sections 36(2)b(i), 36(2)(b)(ii) and (c) are engaged and the prejudices would occur.   Section 36 of the FOIA 2000 is a qualified, prejudice-based exemption and is subject to the public interest test. This means that in order for the information to be withheld, the public interest in maintaining the exemption must outweigh the exemption in disclosure.   Public interest test   Considerations in favour of disclosure:   10 prescribers have between them prescribed half of all private cannabis prescriptions between 1 January 2019- 31 December 2025.   There are patient safety concerns regarding the appropriateness of private unlicenced cannabis prescribing. There is therefore public interest in understanding who the prescribers are and whether prescribing is appropriate.   There is legitimate interest in understanding how the sector is regulated and that regulation is effective.   Considerations against disclosure:   There is an inherent public interest in allowing free and frank discussion and/or the exchange of views for the purposes of deliberation.   There is an inherent public interest in maintaining the effective conduct of public affairs   The public can already raise concerns without the need for names to be in the public domain. The NHSBSA does, and will continue to work with regulators and those with monitoring and oversight responsibilities to provide data to them where necessary and appropriate as requested by the relevant body.    The data that NHSBSA holds shows volumes of prescriptions issued by named prescribers. On its own the data we hold cannot provide any wider context about the prescribing and/or its appropriateness. As part of an investigation, the investigating body will be able to access a wider range of data to support their investigation.   The Advisory Council on the Misuse of Drugs (ACMD) has been commissioned to undertake a review of the use and availability of cannabis based products for medicinal use.   Conclusion:   We recognise that there is a public interest in the disclosure of information which would contribute to public understanding of private unlicenced cannabis prescribing however, there is also a public interest in the public authorities having the space to have free and frank discussions and/or the exchange of views for the purposes of deliberation without fear of disclosure into the public domain.   There is also the inherent public interest in ensuring the effective conduct of public affairs.   Having undertaken the balancing exercise, we have concluded that the weight afforded to the public interest in maintaining the exemption outweighs the public interest in disclosure.   Please see the below web link to see the exemption in full.   https://www.legislation.gov.uk/ukpga/2000/36/section/36