In message dated Saturday, February 24, 2001 7:49 AM
<[log in to unmask]> writes:
> The information in this particular scenario would not be released by the
> hospital, even under a s29(3) notice.
This relies upon an assumption that the health service do record explicit
requests for confidentiality in accident and emergency departments, and that
where any data transfer for medical research purposes or similar purpose
occurs, the confidentiality statement goes with it.
Does that happen?
Is the data either not transferred, or only transferred with the
confidentiality statement?
Ian W.
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, February 24, 2001 7:49 AM
Subject: Re: clause 67 of the Health and Social Care Bill
> 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
>
> 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
>
> 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
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|