The data is being processed for medical purposes and is undertaken by a
health professional, Schedule 3 (8)
Kathy Perkins
Medical Records Manager
The London Clinic
20 Devonshire Place, London W1N 2DH
Telephone 020 7 935 4444 x 3675
email: [log in to unmask]
-----Original Message-----
From: Wright, Tim M [mailto:[log in to unmask]]
Sent: 19 September 2001 13:22
To: [log in to unmask]
Subject: Re: Medical Data, sub issue
Just a quickie - implied consent is not sufficient for use of sensitive
personal data as defined in the Act. If consent is being relied upon, it
must be explicit. (See Schedule 3, paragraph 1.)
Tim
--
Tim M. Wright
Director - Technology Audit
Charles Schwab Europe
Tel: +44 190 852 7793
Mobile: +44 7932 669 074
Fax: +44 190 852 7593
-----Original Message-----
From: Adam Tuckett [mailto:[log in to unmask]]
Sent: 19 September 2001 13:54
To: [log in to unmask]
Subject: Re: Medical Data, sub issue
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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