Data protection and Freedom of Information Act guidance

As an eye care provider, it is essential that you keep adequate patient records, comply with the Data Protection legislation and understand your responsibilities under Freedom of Information legislation.

The Data Protection Act 2018 (DPA 2018), the United Kingdom General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communications Regulations 2003 (PECR), govern data protection in the UK. With the support of our sector partners, the Association of British Dispensing Opticians (ABDO) and the Association of Optometrists (AOP), we have created guidance to help you understand and comply with data protection law in the UK.

• Part one covers what you need to know, providing a basic overview of data protection rules.
• Part two covers what steps you need to take to comply with the rules.
• Annexes include an example of record keeping and lawful bases in a typical primary care practice and a summary of an individual’s rights.

Read the full data protection guidance

You will also need to register with the Information Commissioner’s Office before you process personal data.

Contact [email protected] if you have any questions about DPA or GDPR. We can guide you in the context of primary and secondary eye care provision in the UK.

Background

If you provide General Ophthalmic Services (GOS) you need to understand and comply with your obligations under the:

• Freedom of Information Act 2000 (FOIA) – if you are based in England, Northern Ireland or Wales
• Freedom of Information (Scotland) Act 2002 (FOISA) – if you are based in Scotland.

As an NHS GOS provider your organisation is classified as a ‘public authority’ under FOIA and FOISA. In practical terms this means you are required to have a ‘publication scheme’ approved by the:

• UK’s Information Commissioner’s Office (ICO) if you are based in England, Northern Ireland or Wales
• Scottish Information Commissioner if you are based in Scotland.

In practical terms, you must proactively publish certain information related specifically to GOS.

The optical sector – FODO, ABDO, AOP and College of Optometrists – has produced the following guidance to help you understand what information to share as part of the model publication scheme:

• Sector specific guidance for GOS providers
• Freedom of Information Act (FOI): Model Publication Scheme (2009)

Please note the above guidance is currently being reviewed.

Contact [email protected] if you have any questions about freedom of information.

Learn more:

• Read the ICO’s guide on the publication scheme
• Read the ICO’s  template guide to information for optical contractors – in English and Welsh.

Learn more:

• Read the Scottish Information Commissioner’s guide on the model publication scheme.

More support?

Get in touch [email protected].

Originally published: July 2018.

Reviewed: October 2026.

Next review date: October 2029.