In a message dated 26/03/2001 14:00:48 GMT Daylight Time, [log in to unmask]
writes:
<< I work as a University counsellor and for some time Heads of
Counselling have been putting their minds to the implications of the
Act for counselling services including whether we need written
consent from clients to process personal data.
One suggestion is that Statutory Instrument 2000 No 417 section 4
implies that written consent is not required. I have skimmed and
searched the Act to find the reference without success. DP is not
my main field. Do any of you more familiar with the documentation
know what this refers to? >>
--------------------
Alison
The section referred to says:
"4. The processing -
(a) is in the substantial public interest;
(b) is necessary for the discharge of any function which is designed for the
provision of confidential counselling, advice, support or any other service;
and
(c) is carried out without the explicit consent of the data subject because
the processing -
(i) is necessary in a case where consent cannot be given by the data subject,
(ii) is necessary in a case where the data controller cannot reasonably be
expected to obtain the explicit consent of the data subject, or
(iii) must necessarily be carried out without the explicit consent of the
data subject being sought so as not to prejudice the provision of that
counselling, advice, support or other service."
So unless you can establish a substantial public interest argument or the
individual is incapable of giving consent, or seeking consent would prejudice
the service, it looks like you will need explicit consent. Your request for
consent should be specific about what might be done with the information and
to whom it might be disclosed and it should spell out the consequences of
withholding consent.
The law does not specifically state it must be in writing but I would suggest
that it would be the safest bet in case a problem arose later.
Ian Buckland
MD
Keep IT Legal Ltd
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