Ian
I agree if other purposes and indeed disclosures beyond the purpose of staff
admin exist they too would need declaring for explicit consent to work.
I used the term 'Informed consent' due to the defintion the OIC used in
Section 1.6 of their Intro to DPA 98 (now replaced with the new Legal
Guide) - any freely given specific and informed indication of his wishes by
which the data subject signifies his agreement to personal data relating to
him being processed. Must check the new Legal guide to see if text changed
here.
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of [log in to unmask]
> Sent: 09 November 2001 08:54
> To: [log in to unmask]
> Subject: Re: medical information recorded by personnel sections
>
>
> In a message dated 09/11/2001 00:58:51 GMT Standard Time,
> [log in to unmask] writes:
>
> << Informed consent seems the only way forward from a pratical view. In my
> view
> if employer asks for information and employee provides it
> without challenge
> then consent has been given provided no duress was applied. >>
> --------
> As the consent has to be explicit, merely asking for the sensitive data -
> without explaining what will happen to it - would not be enough
> in my view.
>
> If the data are to be disclosed to all personnel staff (not just
> those with
> specific duties in relation to sickness/welfare) and perhaps the
> Occy Health
> staff, maybe there is an insurance implication in organisations
> with health
> schemes - and so on - the employee would have to be made aware of
> these uses
> and disclosures.
>
> If the employee then signs to accept the processing, I would think that
> explicit consent had been obtained.
>
>
> Ian Buckland
> MD
> Keep IT Legal Ltd
>
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