Don't forget the European Convention on Human Rights, now part of English
law, gives a limited right of privacy. That would be relevant in any attempt
to exclude evidence obtained from samples seized without valid consent.

Robert Forrest

> -----Original Message-----
> From: [log in to unmask]
> [mailto:[log in to unmask]]On Behalf Of
> [log in to unmask]
> Sent: 11 October 2000 11:56
> To: [log in to unmask]
> Subject: RE: Police Requests for Samples
>
>
> IT is not generally acceptable for the relatives to give
> permission for sample release: If a patient is unconscious they
> will usually recover so the police can wait until the patient can
> give consent. Samples can be requested by the police and stored
> until such time as valid consent is available. WE use the
> following protocol to determine what happens.
>
> TIM
>
>
> Queen's Hospital
> 8th August, 2000
>
> PROTOCOL FOR SAMPLES/RESULTS REQUESTED BY POLICE
>
> Most blood samples supplied to the laboratory for analysis are
> 'given' by the patient with the implied consent for analysis to
> facilitate treatment. Some may be provided with express consent
> for a specific test (e.g. HIV). They are NOT provided with
> implied consent for transmission to the police in the event of
> enquiry. Release of results to the police with out the patient's
> permission can therefore lead to a legitimate complaint of
> 'Breach of Confidence' and open the Trust to legal action.
>
> Relevant rules applying to this area: The Data Protection Act
> 1998; The Human Rights Act 1998; General Medical Council
> guidelines on confidentiality.
>
> Provision of results to the police is 'processing sensitive
> personal data' under the Data Protection Act 1998. Therefore, the
> Trust must comply with the first data protection principle
> requiring fair and lawful processing. There is an exemption that
> allows personal data, including sensitive personal data, to be
> processed for the prevention or detection of crime, or the
> apprehension or prosecution of offenders. In these circumstances,
> the data are exempt from the first data protection principle,
> except to the extent to which it requires compliance with the
> conditions in schedules 2 and 3. These conditions are satisfied
> if the patient gives their consent. In the absence of consent,
> the Trust has to be satisfied that disclosure of results is
> necessary. Disclosure of results can be made by persons of
> seniority within the Trust and does not necessarily have to be a
> Consultant. Consultants, in addition to the Data Protection Act,
> also have to take account the GMC confidentiality g!
> ui!
> delines which are more ethically-limiting and limit data release
> to the police without the patient's consent to circumstances
> where it is necessary for the prevention or detection of a serious crime.
>
> Therefore the following rules should be applied if requests are
> received from any party (including the Police) for information or samples.
>
> 1) Request for results:
> If the police or anyone other than the patient's registered
> medical practitioner (or deputed agent - e.g. receptionist)
> requests results these should not be given out and the Policeman
> should be directed to discuss the case with a Consultant.
> Patient Dead: When a patient is dead, the Data Protection Act
> does not apply. Coronor's rules may apply and Consultant should
> release results (as a written statement) where a Coronor's
> inquest is being carried out, but in this case no result or
> sample should be released to another party without the Coronor's
> consent. If not a Coronor's case, written permission is required
> from an immediate relative, or the person receiving the grant of
> probate or letters of administration to the deceased's estate. If
> consent is not avalaible, it would be appropriate to request a
> Court order to release the results.
> Patient Alive: Consultant can release results (as a statement) if
> patient has given witnessed, signed consent to release results.
> In the absence of written consent, a court order is required. If
> the patient is a minor (age < 16), it is even more appropriate
> for a Court order to be requested.
>
> 2) Request for Samples: On receiving a request from the police
> for samples, these should be retrieved from store and kept in a
> safe place. Samples should only be released by a Consultant and
> then only when similar conditions to 1(above) have been met.
>
>
> If No Consultant Available:
> * Note Police request
> * Find samples and store appropriately to maintain integrity
> of sample [e.g. separate, & Freeze].
> * Tell police that request can only be dealt with by a
> consultant and make arrangements so that we can contact them /
> they contact us again.
>
> Which Consultant to Contact?
> * Clinical Chemistry Samples only: Dr. Reynolds.
> * Haematology Samples only: Dr. Smith or Dr Rimes.
> * Microbiology Samples only: Dr. Paton.
> * Multiple laboratory samples: One consultant only needed.
> Since Chemistry is usually the main sample type required, start
> with Dr. Reynolds, if available.
>
> Recording of actions taken
> * Make a note in HISS in request comments - that sample has
> been separated & stored for police collection / has been
> collected by police
> * When samples have been stored, the person storing the
> sample should MOX senior staff / Consultant in relevant
> laboratory department(s) informing them that samples have been
> stored & where
>
>
> ******************************************************************
> *********************
> Prof. T. Reynolds,
> Clinical Chemistry Dept,
> Queens Hospital,
> Belvedere Rd.,
> Burton-on-Trent,
> STAFFS,
> DE13 0RB.
> ---------
> Tel: +44 (0)1283 511511 ext. 4035
> Fax: +44 (0)1283 593064
> -----------
> [log in to unmask]
>
> -----Original Message-----
> From: c=GB;a=NHS;p=NHS NATIONAL
> INT;dda:RFC-822=acb-clin-chem-gen-request(a)mailbase.ac.uk;
> Sent: Wednesday, October 11, 2000 11:46 AM
> To: c=GB;a=NHS;p=NHS NATIONAL
> INT;dda:RFC-822=acb-clin-chem-gen(a)mailbase.ac.uk;
> Subject: Police Requests for Samples
>
> We have clear local guidelines for releasing samples to the
> police when the
> patient is able to give his/her written permission but not
> infrequently are
> asked to hand over specimens when the patient is unable to do this. For
> example, he or she might be unconscious.
>
> Is the permission of the next of kin acceptable in such cases or
> should we,
> as I suspect, insist on a court order ?
>
> Dr David Hullin
> Department of Clinical Biochemistry
> Royal Glamorgan Hospital
> Llantrisant
>
>



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