Surely the Data Protection Act is irrelevant. The letter is personal, sure,
but data? If it's just a letter, and floating around while you decide what
to do about it, it's not a relevant filing system - and since it's such an
unusual one-off I don't suppose you ever intend it to be part of a relevant
filing system.
So it's down to your judgement. Some of the thinking around Data Protection
might help your thought processes, I suppose.
Paul Ticher
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: "Gil Richardson" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, May 25, 2004 2:57 PM
Subject: Principle 1
> Dear All
>
>
>
> Could I check this out with you?
>
>
>
> A letter has been voluntarily written to us by an individual, mailed and
> received by us. The letter contains much sensitive information the
> nature of which persuades us to disclose the contents to a third party
> whose vital interests are involved. The data subject, who did not
> disclose contact details apart from name, also has vital interests
> involved.
>
>
>
> It seems clear that the data subject wrote expecting my organisation to
> do something in support. To do anything positive necessitates disclosure
> to at least one third party.
>
>
>
> To gain explicit consent would take disproportionate effort, given that
> no contact details, apart from name, were given by the data subject.
>
>
>
> As vital interests are involved, for both data subject and a third
> party, do you think it proper for us to disclose to third parties? The
> vital interest element is literally life and death on the part of the
> data subject.
>
>
>
> We believe Schedules 2 and 3 conditions are met permitting disclosure.
>
>
>
> The interesting point is whether a voluntarily written and unsolicited
> letter of this sensitive nature equates to consent to process/disclose.
>
>
>
> I cannot amplify further due to the sensitivity of the subject matter
> but I have tried to convey the essential elements.
>
>
>
> Gil
>
>
>
> Gil Richardson
>
> Senior Information Manager
>
> RCGP
>
> email: [log in to unmask]
>
> Website: www.rcgp.org.uk
>
> Tel: 020 7581 3232 ext 231
>
> Fax: 020 7584 1992
>
>
>
> "Promoting Excellence in Family Medicine"
>
>
>
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