I'm seriously considering whether making a FOI request might be an interesting way to go. I'm not entirely sure want the extent and scope of what FOI request are, its something I'd need to investigate, but I think it could be a good way to challenge hospitals and make them accountable if you manage to get the right angle and questions. Otherwise you go at it by writing to politicians/hospitals/journalists with similar questions.
I'm interested in the extent of the duty of care that the hospital has to protecting the data of patients, the training of hospital staff, assessment of the quality/bias of information given out by Bounty and what and who hold Bounty accountable. I'm figuring if you poke the right buttons, you'll get them to shit a brick and realise they are leaving themselves wide open to get fucked if people start to pick up on the real issues here.
My thoughts about the line of questioning is something along the lines of:
I am making a FOI request about the hospital policy about the presence and accountability of Bounty salespeople on hospital wards? I would like to know the following:
ACCESS
When are sales people allowed on the ward? Is this inside or outside normal visiting hours? Do they sell bed to bed? Are they permitted on the ward unaccompanied and unsupervised by hospital staff?
DATA PROTECTION AND PRIVACY
If they are permitted on the ward, how does the hospital ensure that they do not have any access to private or confidential information especially where part of their job is to collect data of patients for financial gain or is on a commission basis?
How does the hospital protect the privacy of patients from Bounty? What measures are in place for patients who do not wish to be approached during their stay in hospital? Does the hospital have a formal system to identity these patients to Bounty without any personal details? Are patients' rights being properly protected?
PROPERLY INFORMED PATIENTS
Are all patients made aware that sales people will be on the ward, before they are approached so they can make an informed decision about whether they want to engage with a bounty salesperson? Is there a procedure in place to make sure that patients are aware of their presence?
SALES PRACTICES
In light of The Consumer Protection from Unfair Trading Regulations 2008 how does the hospital ensure that Bounty does not pursue Misleading or Agressive sales practices?
With particular reference to Aggressive commercial practices, the trading regulations state that:
In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of?
(a)its timing, location, nature or persistence;
(c)the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer?s judgment, of which the trader is aware, to influence the consumer?s decision with regard to the product;
How is this ensured in a hospital setting with patients who are a captive audience and who may also be under the influence of drugs, be in a heightened emotional state, recovering from a traumatic operation, suffering from a lack of sleep following a lengthy labour or otherwise more vulnerable than normal?
With particular reference to Misleading actions
A misleading omission can also occur where a trader fails to identify the commercial intent of a practice, if it is not already apparent from the context.
Are these people clearly and easily identifiable as being not part of the hospital staff at all times?
How do the hospital ensure that patients do not mistakenly think that Bounty are not in any way affiliated to the hospital?
TRAINING AND RESPONSIBILITY
Who is responsible for Bounty Salespeople on the wards? Are any hospital staff on the ward trained to identify aggressive or misleading sales practices to ensure the protection of patients?
Does the hospital train Bounty staff in anyway about sensitivity, respect and privacy of patients?
QUALITY OF INFORMATION
How does the hospital ensure that information being provided by Bounty on behalf of commercial organisations is in line with current Department of Health health messages and/or BFI accreditation where applicable, with particular reference to breastfeeding/weening? Are they regularly checked?
COMPLAINTS
How does the hospital deal with any complaints about Bounty staff? How accountable are Bounty held for any breeches of privacy or inappropriate sales practice?
CONFLICT OF INTEREST
How does the hospital balance its own financial interest in Bounty being present on wards with the interests and protection of patients?
What do people think?