Section 2 of the Act defines Sensitive data.
Schedule 2 and 3 define the processing conditions you have to meet. One
condition from each. Condition1 in Scedule 3 is explicit consent but there
is Condition 8 which references medical purposes which appear to apply.
You may however still need to notify the use regards Principle 1 fairness.
See :
http://www.hmso.gov.uk/acts/acts1998/19980029.htm
Hope this assists
David Wyatt
Norwich Union
----- Original Message -----
From: "Clinical Effectiveness Mgr - Kathy Perkins"
<[log in to unmask]>
To: "'Mailbase'" <[log in to unmask]>
Sent: Tuesday, March 14, 2000 5:08 PM
Subject: Consent for processing data
>
> I have been asked to clarify a point and will welcome help from the Group:
>
> Does the Clinic have to obtain consent from patients for the processing of
> data. We are required to keep a record of a patient's treatment and as I
> understand it, we have to obtain explicit consent for the processing of
> sensitive data. However, this has been queried and I would welcome
> clarification, or otherwise, of this point.
>
> Schedule 1 (1) "Personal data shall be processed fairly and lawfuly
> and, in particular, shall not be processed unless" (b) "in the case of
> sensitive personal data, at least one of the conditions in Schedule 3 is
> also met -
>
> Schedule 3.8 (1) the processing is necessary for medical purposes
> and is undertaken by (a) a health professional (b) a person who in the
> circumstances owes a duty of confidentiality which is equivalent to that
> which would arise if that person were a health professional.
>
> Can anybody help please.
>
> Kathy Perkins
> Clinical Effectiveness Manager
> The London Clinic
> 20 Devonshire Place, London W1N 2DH
> Telephone 20 935 4444 x 3675
> email: [log in to unmask]
>
>
>
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