The current Direction applies only to NHS Trusts and Primary Care
Trusts. I can't recall the precise scope of the 1974 regs, but they
would only have applied to NHS bodies.
So they wouldn't apply to an insurance company which held the same
information - that would be a DP and law of confidence matter.
Maurice
On 26 Mar 2004, at 00:18, davidwyatt wrote:
> Maurice / anyone
>
> Im intrigued with this discussion thread as it relates to data
> security and
> data sharing on what appears to be a very specific subset of sensitive
> data.
>
> Can anyone advise the organisational (ie which organisations are
> considered
> defined as NHS) and jurisdictional (England Scotland Wales?) scope of
> the
> application of the NHS (Veneral Diseases) Regulations?
>
> The implication of the title implies these regulations apply to only
> very
> specific subset of sensitive data records held by legal entities
> deemed to
> be part of or under control of the NHS.
>
> If a copy of the record held by the NHS was also held by an Insurance
> company would the regulations apply to the insurance company?.
>
> I couldn't find the regulations on HMSO, anyone have a link?.
>
> For information
> Those of you having to design data sharing protocols with TP
> contractors
> where sensitive data involved, may find some framework ideas in the
> following regulations. (section 75 on and related Sch 10). They appear
> to
> relate in part to design of content of NHS General Medical Services
> Contracts
>
> The National Health Service (General Medical Services Contracts)
> Regulations
> 2004
> http://www.hmso.gov.uk/si/si2004/20040291.htm#75c
>
> David Wyatt
>
> ----- Original Message -----
> From: "Maurice Frankel" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, March 25, 2004 3:57 PM
> Subject: Re: [data-protection] Sexual Health Data disclosure
>
>
>> From memory, the NHS (Venereal Diseases) Regulations contain a near
>> absolute prohibition on disclosure, except in very limited
>> circumstances. It may even be an offence to disclose the information.
>> You will have to look at these Regs very carefully.
>>
>> The Data Protection Act is probably going to be irrelevant here: it
>> can't relax a statutory prohibition. I'm not sure the Crime and
>> Disorder Act (at least s 115) changes the position in cases where
>> there
>> is an express prohibition on disclosure.
>>
>> As Roland says, you should wait for a court order.
>>
>> Maurice Frankel
>> Campaign for Freedom of Information
>>
>>
>> On 25 Mar 2004, at 13:31, Kitching, Susan wrote:
>>
>>> I'm posting to the list in hope of a definitive answer but I have a
>>> feeling
>>> I might not get one!
>>>
>>> The police force have made a request to a hospital relating to a
>>> murder
>>> investigation which took place in 1964, the case was unresolved and
>>> now new
>>> evidence has come to light. The request is relating specifically to
>>> patients who attended Genitourinary Medicine (Sexual Health Clinic)
>>> over a
>>> three month period back in 1964. Apparently a request was made back
>>> at the
>>> time of the initial investigation but the police were refused. The
>>> police
>>> have made the request again and the debating has begun as the
>>> hospital
>>> still
>>> retain such records. I can't get straight in my mind the
>>> relationship
>>> between the DPA, Crime and Disorder Act and the NHS (Venereal
>>> Diseases)
>>> Regulations which prevent the disclosure of any identifying
>>> information
>>> about the patient with a venereal disease other than to a medical
>>> practitioner under specified circumstances.
>>>
>>> My initial reaction is that the hospital should disclose but we
>>> negotiate
>>> the level of information provided.
>>>
>>> Any other ideas?
>>>
>>>
>>> Susan Kitching
>>> Joint Agencies Information Sharing Officer
>>> Telephone: 01709 823504
>>> Strategic Services, Crinoline House
>>> Effingham Square
>>> Rotherham
>>> S65 1AW
>>>
>>>
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