This was anonymised data.
Reading the original email it says that this person will have access to all
the administration system so presumably will be able to view patient data ?
-----Original Message-----
From: Clarke, Suzanne [mailto:[log in to unmask]]
Sent: 27 November 2001 07:28
To: [log in to unmask]
Subject: Re: Drug Companies
Are you thinking of the DOH vs Source Informatics? The following may be of
interest:
Appeal Court rules that pharmacists can sell script data
Pharmacists' disclosure of anonymised prescription data does not amount to a
breach of confidentiality, three judges ruled in the Appeal Court on
December 21.
Giving a reserved judgment in a case that had begun on November 29, 1999,
(PJ, December 18/25, 1999, p971) the judges upheld an appeal by Source
Informatics Ltd, a prescription database company, against a High Court
ruling in May that the sale of such data was illegal because it involved
breaching patient confidentiality (PJ, June 5, 1999, p794). The company had
brought the case to challenge guidelines produced by the Department of
Health to prohibit such sales.
Lord Justice Simon Brown said that Source had no interest in patients'
identities but every interest in the date of prescription, the product
prescribed and the quantity prescribed. Because the information was
anonymised, there was only a remote risk that certain information of a rare
kind might conceivably enable a patient to be identified.
The judge ruled: "Pharmacists' consciences ought not reasonably to be
troubled by co-operation with Source's proposed scheme. The patient's
privacy will have been safeguarded, not invaded. The pharmacist's duty of
confidence will not have been breached."
He added: "If the Department continue to view such schemes as operating
against the public interest, then they must take further powers in this
already heavily regulated area to control or limit their effect. The law of
confidence cannot be distorted for the purpose. I would accordingly allow
this appeal."
Source Informatics was awarded its legal costs. The DoH was refused
permission to appeal further to the House of Lords.
Su Clarke
University Hospitals of Leicester
-----Original Message-----
From: Kevin Broadfoot [ mailto:[log in to unmask]
<mailto:[log in to unmask]> ]
Sent: 27 November 2001 00:00
To:
Subject: Re: Drug Companies
I seem to recall that there was a case reported in the Times a few years ago
(Dec 99) where a number of GP's and pharmacists were exchanging patient and
prescription information with a medical research company. Basically, the
GPs were providing the drug company with patient details and name of drug
prescribed and then a check was made with the pharmacist to see what was
actually dispensed. The case was heard under the old 1984 Act and I think
it was brought by the local NHS trust who were concerned at the breach of
patient confidentiality. I can't exactly remember the outcome (maybe
someone else can) but I think (surprisingly) the case went against the NHS
trust. Might be worth looking up. (I'm pretty certain it was towards the
end of December 1999.
regards,
Kevin Broadfoot
Principal Consultant
Baltimore Technologies (UK) Ltd, Innovation House, Mark Road, Hemel
Hempstead, Hertfordshire, HP2 7DN, England
Tel: +44 (0) 1442 342600 Fax: +44 (0) 1442 212513
E-mail mailto:[log in to unmask] <mailto:[log in to unmask]>
Website http://www.baltimore.com <http://www.baltimore.com>
-----Original Message-----
From: Morton, Alison [ mailto:[log in to unmask]
<mailto:[log in to unmask]> ]
Sent: 26 November 2001 12:54
To: [log in to unmask]
Subject: Drug Companies
Dear all
What would your advice be regarding drug companies sponsoring a health
professional to undertake a review of medications within GP practices?
Obviously no changes could be made without the authority of the GP. The
sponsored health professional would have open access to the GP
administration system and would be able to suggest changes to patients'
medications. This may or may not financially benefit the practice but I
would think would always benefit the sponsor. As a patient I would not be
at all happy to think that commercial companies had access even by a health
professional (however secure) to my details. If informed I would object to
the processing but could they go ahead and justify it by para 6(1) Sch 2
and para 8(1) and (2) therefore not requiring my consent.
Alison Morton
Data Protection Officer
4 Barns Park
AYR KA7 2AJ
Tel: 01292 513722
Fax: 01292 513725
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