Health & social care

Information law

It is important that NHS bodies have the right structures in place to both obtain information from and disseminate information to the public, patients and other key stakeholders.

Capsticks is experienced in advising on all aspects of data protection legislation including:

  • Liaising with the Information Commissioner
  • Giving practical advice on the Data Protection Act
  • Advising access to information under the FOIA
  • Advising on Environmental Information Regulations

We have been at the forefront of advising clients on how to deal with information law issues. The key challenge is to balance the need for transparency with the ability to maintain an undisrupted health service which respects patient, staff and corporate confidentiality.  We can help you prepare your organisation so that, for example, in the event of a Serious Incident, you can manage it proactively and protect your reputation.

We help our clients handle DPA and FOIA requests effectively, while minimising the risk of adverse findings by the Information Commissioner.  We look at each request, assess it according to the needs of the trust and advise you if there’s a possible exemption for your information.  One of our partners, Peter Marquand, was deputy chairman of the Information Tribunal from 2005 to 2009, so we have a complete picture of how the system operates. You can therefore count on us to deliver informed and practical advice on how to navigate the intricacies of information law. 

Our services

We can:

  • Give you quick and practical advice on how to respond to requests for information that may seem onerous or controversial
  • Help you set up systems and procedures for handling FOIA requests efficiently
  • Audit your information policies and publication schemes
  • Provide businesslike guidance on Data Protection Act obligations
  • Review your meeting structures, agendas and minutes to help protect your confidential information and reduce the cost of complying with the FOIA
  • Advise you on how to refuse applications under the absolute and qualified exemptions provided by the FOIA, and provide template documents
  • Provide training to raise awareness at board level on information law governance issues
  • Advise you on the appropriate wording of information management clauses in contracts when dealing with the private sector

Information law partners


Duncan Gordon-Smith
Gerard Hanratty
Francis Lyons
Peter Marquand
David Mason