In a message dated 25/02/2001 16:02:33 GMT Standard Time,
[log in to unmask] writes:
> <originally [log in to unmask]> wrote:The information in this particular
scenario would not be released by the hospital, even under a s29(3) notice.<
<<IW: 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. >>
------------------------
I believe no such statement of confidentiality exists, I think the clinical
information is automatically assumed to be held under a duty of
confidentiality unless a public interest overrides it.
I believe also that the new regulations are not intended to change that
situation. If they do, it is likely to cause problems with civil rights
groups and human rights law.
Ian B
MD
Keep IT Legal Ltd
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