Creation and use of the I2S2 Guthrie Card

FOI request reference: F0061779
Publication date: April 2020

Outcome
Successful

 

Request & response
1) What Act and legislation authorised or otherwise permitted the creation and use of the I2S2 trial Guthrie Card and when did this Act receive royal assent and when was the proclamation date?

An NHS webpage on Guthrie cards, now known as Newborn blood spot cards, and the code of practice for such cards indicates that the following pieces of legislation govern their creation and use.

Data Protection Act 1998
This Act received royal assent on the 16th July 1998. Details of the provisions of this Act which came into force on royal assent can be found here. The remaining parts were brought into force separately via commencement orders between 2000 and 2015, a list of which can be found here.

Please note that this Act has now been superseded by the Data Protection Act 2018. This Act received royal assent on the 23rd May 2018. Details of the provisions of this Act which came into force on royal assent can be found here. The remaining parts were brought into force separately via commencement orders between 2018 and 2019, a list of which can be found here.

Health and Social Care Act 2001
This Act received royal assent on the 11th May 2001. Details of the provisions of this Act which came into force on royal assent can be found here. The remaining parts were brought into force separately via commencement orders between 2001 and 2006 in England, a list of which can be found here. Separate orders concerning the Welsh aspects of the Act were made between 2001 and 2004, a list of which can be found here. Another separate order concerning the Scottish aspects of the Act was made in 2002 and can be found here.

Human Tissue Act 2004
This Act received royal assent on the 15th November 2004. Details of the provisions of this Act which came into force on royal assent can be found here. The remaining parts were brought into force separately via commencement orders between 2005 and 2006, a list of which can be found here.
Care Act 2014
This Act received royal assent on the 14th May 2014. Details of the provisions of this Act which came into force on royal assent can be found here. The remaining parts were brought into force separately via commencement orders between 2014 and 2016, a list of which can be found here.

Health Service (Control of Patient Information) Regulations 2002
These regulations are a type of legislation known as a statutory instrument, which do not receive royal assent. These regulations were made on the 23rd May 2002 and came into force on the 1st June 2002.

We have performed a search of The Gazette (thegazette.co.uk) on which royal proclamations are published and can confirm that none of the above pieces of legislation received a royal proclamation.

2) Is the blood/DNA placed upon the I2S2 trial Guthrie Card copyrighted? If so by whom?
3) What is the lawful purpose for the creation and use of the I2S2 Guthrie Card?
4) When did the use of I2S2 trial Guthrie card start?
5) When is the trial of the I2S2 trial Guthrie Card due to expire? How often is the use of the I2S2 trial Guthrie card reviewed and who is responsible for reviewing and continuing its trial use?
6) Is consent required by the data subject for any personal data placed and/used on the I2S2 trial Guthrie Car?
If so how is this lawful consent obtained?
7) What styles manual is the I2S2 trial Guthrie card created under/with?

The National Archives does not hold current information relevant to your remaining questions. We recommend that you redirect these queries to the Public Health departments of England, Scotland, Wales and Northern Ireland.

Public Information Access Office
Wellington House
133-155 Waterloo Road
London
SE1 8UG
United Kingdom

Email: FOI@phe.gov.uk

Communications and Engagement Team
Public Health Scotland
Gyle Square
South Gyle Crescent
Edinburgh
EH12 9EB

Email PHS.FOI@nhs.net

Freedom of Information Office
Public Health Wales
Floor 3
2 Capital Quarter
Tyndall Street
Cardiff
CF10 4BZ

Email: foi.phw@wales.nhs.uk

Information Governance Manager
Public Health Agency
12-22 Linenhall Street
Belfast
BT2 8BS

Email: foi.pha@hscni.net

The National Archives does however hold information concerning the historic use of Guthrie cards in the form of open public records which may be relevant to you research. Please find a list of these records here.

Please note that The National Archives is currently closed to the public due to the Coronavirus pandemic and therefore the following services are not presently available. Please check our website periodically in order to determine when normal service has resumed.

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You are welcome to visit us – please check our website for details of our opening hours and registration requirements: www.nationalarchives.gov.uk/visit/before-you-visit.htm

2. Paid search on your behalf
If a personal visit is not convenient you may wish to use our Paid Search service or employ an independent researcher.  Details are on our website: www.nationalarchives.gov.uk/records/paid_research.htm

3. Ordering copies
Search for the record’s reference number (as provided above) using our catalogue: http://discovery.nationalarchives.gov.uk/

Then click on the ‘Order a copy’ link and follow the instructions. Full details on how to use our copying service can be found on our website: www.nationalarchives.gov.uk/recordcopying/