Where does this leave studies or proposals for studies with some sort of
"patient is unaware" compulsion?
I am thinking that some years ago there was either the proposal for or the
fact of (and I can't recall which) random HIV tests with every blood sample
taken, allegedly for statistical purposes, but potentially linked to the
patient's name).
Such sets of tests appear to be for the "common good" (please let's not
debate that concept, or we wil use all available bandwidth for decades to
come!), yet also appear to infringe what we might term as "civil rights" let
alone Data Privacy issues.
I don't recall the date of the actual item I refer to, but suspect it was
after the initial DP Act, and know it was before the current one, but I use
it as an example only. And I DO realise that randomised and anonymised data
is not capable of identifying a living individual.
_____________________________________________________________
Tim Trent
Chief Privacy Officer EMEA
Gartner
EMEA Marketing, Tamesis, The Glanty, Egham, Surrey, United Kingdom,
TW20 9AW
Switchboard +44 (0)1784 431 611, Direct Line +44 (0)1784 267 335, Mobile +44
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-----Original Message-----
From: Roy Candy [mailto:[log in to unmask]]
Sent: 26 April 2002 08:43
To: [log in to unmask]
Subject: Re: When (medical) research is a collateral purpose.
It is certainly accepted that patients may withdraw their consent to having
their data used in research. Any data controller that continued to process
the data for that specific purpose would be asking for trouble. My point was
that the proposed legislation gives data controllers the legal ability to
process data without consent for certain specific purposes, mainly cancer
registration, but it could be wider. The draft SI and the recommendations of
the PIAG (representing the Health Secretary) seem to me to be different, but
I haven't studied it enough yet!
Roy Candy Data Protection Officer
Northampton General Hospital NHS Trust (01604 545885)
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