In a message dated 23/02/2001 21:38:54 GMT Standard Time,
[log in to unmask] writes:
<<** The police, who are a member of the partnership receive details of the
location of the offence. It therefore becomes a recordable crime and has to
be recorded as such. Not to investigate a recorded crime would be negligent
of the police so they now have a duty to investigate that crime. Claiming a
DPA 1998 section 29 exemption they request further details to be disclosed
by the hospital involved. **>>
**Edited**
------------------------------------------
The information in this particular scenario would not be released by the
hospital, even under a s29(3) notice. If they were already aware that the
individual had no intention of bringing charges, it is unlikely that failure
to disclose would prejudice the police enquiries....
....unless of course the organisation had a policy of always disclosing to
the police without looking at each case on its own merits. This should not
happen but some public bodies think they are helping the police by not even
insisting on a s29(3) notice in the first place, never mind checking it to
see if disclosure is fair and lawful.
As far as I am aware the explicit duty of confidentiality would not be
overridden by the Health & Social Care Act - I would hope the Secretary of
State would not introduce secondary legislation covering this type of data.
I would imagine (but then I have been wrong before) that where anonymised
data can be used it will be - and if the particular circumstances would lead
to identification (e.g. location, type of incident) then it would not be
used, even in statistical analysis.
Call it a "blip" if you will.
Ian B
MD
Keep IT Legal Ltd
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Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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