Julie,
This comes up a lot in my training with voluntary organisations, either as
'next of kin' or 'emergency contact' issues, with children, staff and
volunteers, for example, as well as people who are in need of care.
The conclusion we generally reach is that in most cases you do not need
consent, because you can comply with Schedule 2 Condition 6 ('legitimate
interests'). However, you *must* ensure that the next of kin or emergency
contacts know that you have their data and why. This (a) complies with the
fair processing requirements and (b) enables them to raise any issue which
might negate Condition 6 (i.e. that it did infringe their rights, freedoms
or legitimate interests), in which case you might have to seek another basis
for the processing.
The tricky question is how you ensure that they have the necessary
information. In many cases it seems reasonable to ask the person you are
dealing with to do the job for you. So your form would say, in effect 'Give
us your next of kin details and tell them you are doing it. We will assume
that you have done this, and that they are happy for us to have the
information.' However, where there is a greater likelihood that the
information will be called on, you may have to go further and contact the
next of kin directly to ensure that they know what is going on. After all,
it's in your interest to ensure that you will get a positive response if you
ever do need to contact them in earnest.
At the extremes you could argue (a) that where the next of kin data is a
formality (but which raises the question of why you need it at all), you
don't need to tell them anything because of receiving the data from a third
party and the 'disproportionate effort' argument or (b) that where you
expect to have significant interactions with the next of kin it would be
better to get consent, not just to being on your database but also to
becoming involved in such a way.
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: Julie Dixon <[log in to unmask]>
To: <[log in to unmask]>
Sent: 25 February 2003 10:14
Subject: Next Of Kin - Carers Database
> Do you need consent of the next of kin to hold next of kin details on a
> carers database (in a residential home)?
>
> Would appreciate any advice regarding the above.
> Thank You. Julie Dixon, Senior Security Admin Officer, Wolverhampton City
> Council
>
>
>
>
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