Look at Section 7 (6).
Besides duty of confidentiality to the third party, you need to
consider what steps you have taken with a view to seeking the consent
and whether the individual is capable of giving consent and any express
refusal of consent.
First of all I would send a copy of the reports (as quite often they
don't know what you are talking about as they no longer have the file so
it's quicker) to the hospital/doctor who wrote them and ask if you can
release them. If the Dr that wrote the reports has left and nobody else
can give you permission, but they dont actually forbid this disclosure,
then you can look at Section 7(6) and take a view.
As you say, he can always do an SAR on the hospital/doctor's surgery.
If you do decide to release the info talk it over with your Legal
section and document it, then if it comes back to bite you on the
backside you will have "shared " the risk!
Ed
>>> Paul Ticher <[log in to unmask]> 08/08/02 05:28pm >>>
Doreen,
My understanding is that:
1) You have to try to get consent for disclosure from the third
party(ies).
2) If they consent, or if they withhold consent unreasonably, you
have no
choice: you must disclose their material in response to the Subject
Access
request.
3) If they withhold consent reasonably you do not have to show the
material (but you are not necessarily barred from doing so).
4) If you do not have consent - either it has been refused or you
cannot
contact the third party - you have to consider any duty of
confidentiality
you owe to the third party. You may need a lawyer to help on that
one.
5) If you are not bound by confidentiality, there is nothing to stop
you
showing the material to the data subject. Since you seem to be
suggesting
that it would be fair and in the Data Subject's interests to show the
material it looks as though there is a case for showing it - but you
must
make the attempt to seek consent first, even if your inclination is to
show
the material anyway.
That's my reading, for what it's worth. I only offer it in case all
the
really knowledgeable people are away.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal
data
for direct marketing purposes.
----- Original Message -----
From: Broom, Doreen <[log in to unmask]>
To: <[log in to unmask]>
Sent: 08 August 2002 16:51
Subject: Personnel Files
> Hi All of you who are not on Holiday
> I have received a subject access request from an ex Depute Head
Teacher.
He
> had many problems over the years and was eventually diagnosed as
having a
> mild psychiatric problem. He took early retirement. Anyway, he
then
> applied for various otherteaching jobs elsewhere in the country and
gave
one
> of the Asst Depute Directors of Education as a referee. His
reference was
> not very rewarding for the gentleman as he said he had taken early
> retirement and would not basically ever re-employ him again.
> Anyway, this gentleman wants to know the reasoning behind the
reference he
> was given. There are medical reports in his file but of course this
was
> given by third parties who are now probably no longer in post. My
dilema
is
> that this gentleman who is now retired wants to clear his name before
he
> dies and I do not believe he thinks he has had any problems
(although
there
> was a long history of absence from work for various reasons) probably
all
> connected to his illness which was brought on due to family propblems
and
I
> do believe he had slight psychiatric probs. What do I do as to the
third
> party references - do I show him the letters which state he had probs
or
> should I refer him to his GP where he can have access to his medical
> files..I believe that this is one of those cases whcih may go and on
and
on
> and on until he gets justice.
> In a way I feel he should have access to those letters as this would
explain
> the reasoning behind the unsatisfactory reference he was given and
basically
> he wants to know the reasons behind the reference.
> Should I disclose? Any help comments greatly aprpeciated.
> Regards
> Doreen Broom
> Access to Information Officer
> [log in to unmask]
> Tel: 01835 826516 (Direct Line)
>
>
>
>
**********************************************************************
> This email is privileged, confidential and subject to copyright.
> Any unauthorised use or disclosure of its content is prohibited.
> The views expressed in this communication may not necessarily
> be the views held by Scottish Borders Council
>
**********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> 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)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This e-mail may be read by employees of the Council and is therefore not to be considered private by the recipient. The views expressed in this e-mail are those of the individual and not necessarily the views or opinions of Bracknell Forest Borough Council.
This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you have received this e-mail in error please notify the system manager. Email: [log in to unmask]
This footnote also confirms that this e-mail has been swept by MailSweeper for the presence of computer viruses. Although the Council has taken steps to ensure that this e-mail and any attachments are virus free we advise that in keeping with good ICT practice the recipients should confirm this for themselves.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
