My initial thoughts on this was that any such data would be sensitive and
therefore schedules 2 and 3 conditions would need to arguable by the
controller to process (disclose). Perhaps legal advisors to government may
have suggested Section 35(2) may have possibilities in defending disclosures
as necessary for defending legal rights of the controller or maybe even
public interest arguments, however it would on the face of it to appear
tenuous, particulary as medical data is to my mind subject to a strict duty
confidentiality when in the hands of health professionals.
Trial by media does seem to be comming into play here. What you can never
tell from media reports is precisely who disclosed what here and when. The
family member speaking for the data subject clearly disclosed some personal
data presumably as agent of the data subject with consent, by so doing he
has made data public (Sch3 5). Whether the data controller added to that
already disclosed is not clear. To comment factually we would need more
information about the actual information released by the hospital and when
in relation to data subject disclosures. Medical professionals are generally
well versed in DPA and Confidentiality laws.
The message in the news report does however appear to incite a disregard for
DPA rights. I would have thought the government media advisors would have
taken more care.
I must admit I am disappointed how little help successive UK goverments have
given to individuals rights on DPA. I recall other uninformed comments by
ministers demonstrating no understanding of DPA and making the tasks of the
OIC and DPA practitioners virtually impossible. I have full sympathy with
the OIC given this government has done little publically to aid promotion of
compliance with the principles leaving the OIC as the public whipping boy.
The Dobson affair comes to mind
If the government are not going to publically support DPA perhaps they
should consider an attempt to repeal it ;-). They certainly do not appear to
have assisted DP practitioners who like the OIC have been trying to improve
standards in their respective sectors / organisations but with little
visible support.
All a DPA Officer can do is stick to their principles so to speak. What do
others think is there any evidence of public support from government for
this legislation?
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Medical Records Mgr
> - Kathy Perkins
> Sent: 25 January 2002 11:33
> To: [log in to unmask]
> Subject: medical information
>
>
> This paragraph is an extract from news.telegraph.co.uk
>
> Downing Street said that hospitals were being authorised to take
> a "robust"
> approach to patients' complaints, including the discussion of information
> about their condition and treatment.
>
> full article at
> http://news.telegraph.co.uk/news/main.jhtml?xml=/news/2002/01/25/n
> rose25.xml
>
> Comments are welcomed from the Group
>
> Kathy Perkins
> Medical Records Manager
> The London Clinic
> 20 Devonshire Place, London W1N 2DH
> Telephone 020 7 935 4444 x 3675
> email: [log in to unmask]
>
>
>
>
>
> This email, together with any attachments, is for the exclusive and
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>
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