Presumably it is not against the act to put such information (inc
condition) on the noticeboard if the subject is consenting. Therefore the
check should be are staff members aware of this process? If so it could be
'implied consent'. If they are aware and do not exercise their right to
not have the information displayed, then they are perhaps 'consenting' by
their lack of restricitive action.
However since it is a simple matter of asking them when they phone in sick
if they want it displayed (including condition) then express consent should
really be sought.
There is much work in the NHS around express/implied consent, with express
consent being the gold standard, but unworkable in most cases (clinical
staff do not have time/expertise to explain usage of data in NHS to
patients...and gain express consent - also systems are not currently
capable of recording it in detail.)
Hence we are trying to improve implied consent by better informing the
public of usage of data in the NHS and making implicit consent (i.e.
patients informed and able to object if so choosing) more valid. It will
never be perfect, but can be much better than it currently is...
There maybe ancillary issues about the legitimate business processes of the
school - I am not knowledgable here, but many people/pupils would need to
know about the member of staff being off. The concern should be that the
condition is also detailed.
Adam
Adam Tuckett
NHS South West Regional Office.
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