Here goes with the Friday afternoon tongue twister.
I have a new client who provides analysis skills to a Primary Care Trust.
My client has a SLA with the PCT but not with any of the GP's. The SLA does not make any clear reference to DPA.
All the GP's have contracts with the PCT, the details of which I am not aware of yet.
The GP's have been sending patient data to my client, instead of sending to the PCT who would then forward the data onto my client.
The PCT now wants my client to provide them with a list of patients between a certain age so that they can send out leaflets about certain medical tests that they can receive on the NHS.
Question 1.
Can my client give this data to the PCT? My client is obviously the Data Processor, but who is the Data Controller. Or does anyone know of any legislation which says that the PCT has carte blanche access to all GP's personal data it holds in its area?
Question 2
My client also wants me to provide advise to the PCT on Data Protection Act issues. Assuming that the PCT is allowed to receive the data from my client, does anyone know if they are allowed to send out leaflets and surveys to patients in the Trust, even though patients were never told that one of the purposes for their data was to send out such laeflets/surveys?
Could it be argued in a 'risk analysis' that the public interest outweighs the inconvenience/distress caused?
or use Health Service Administration, or even Section 11 of the Health and Social Care Act 2001
Advise please
Many thanks
JASON PARKER-SMITH
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