Without knowing the context, it would appear that processing could be
undertaken on the basis of Schedule 2 [or 2 and 3 if sensitive personal
data] if other clauses are met even if consent is not one of them. Where it
is really a Subject Access Request that is intended I would have guessed
that an enduring power of attorney would be OK provided that the request was
in the Data Subject¹s interest but possibly not otherwise. I suspect, also,
that the general law might allow access in the Data Subject¹s interest with
a less watertight arrangement with, say, a carer or friend. The lawyers
would need to agree what was to be done and obviously it would depend on the
potential harm that might be done to the Data Subject by any disclosure.
Barry Barber
Health Data Protection Ltd
Great Malvern
On 21/11/02 10:44, "Elizabeth Boardman"
<[log in to unmask]> wrote:
> Has anyone else encountered the problem of a request for access to personal
> data held on a living person where that person is no longer able to request it
> personally or give consent by reason of sickness or incapacity?
>
> If an enduring power of attorney has been registered, then presumably the
> attorney can be given access, but what happens in other cases?
>
> Elizabeth Boardman
> Archivist
> Brasenose and St. Hilda's Colleges
> Oxfordshire Health Archives
>
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