Great - so we all want to do the job properly. Let's find some legislation
somewhere to prevent disclosure, anything will do!! - Let us demonstrate to
the world how we know our business and how well we have studied our
legislation. Let's make the work of the Police and other law enforcement
agencies as hard as we possibly can and don't worry, the Information
Commissioner will defend us to the hilt(?). Fly the flag of Human Rights
and develop your reputation and career on the platform of fairness, but
remember, somewhere out there is grief stricken family whose lives are
likely to have been have been destroyed, searching for the answers. There
may be a murderer out there too - perhaps a caretaker at a school.
DP may not be an issue here, however, I think it is clear that a court order
would be granted. When thinking through the legislation - remember, THERE
ARE VICTIMS OUT THERE TOO..... sometimes we seem to delight in having the
immediate answer to prevent a disclosure.
Peter Lane MBCS
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Maurice Frankel
Sent: 25 March 2004 15:58
To: [log in to unmask]
Subject: Re: 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
>
>
> **********************************************************************
>
> The information in this e-mail is confidential and intended solely
> for the use of the individual to whom it was addressed. If you are
> not the intended recipient, be advised that you have received this
> e-mail in error and that any use, dissemination, forwarding, printing
> or copying of this e-mail is strictly prohibited. If you have
> received this e-mail in error, please advise the sender by using the
> reply facility in your e-mail software, or contact Rotherham
> Metropolitan Borough Council at [log in to unmask] ,
> and then delete it from your system.
>
> **********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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 : -
> http://www.jiscmail.ac.uk/help/commandref.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 : -
http://www.jiscmail.ac.uk/help/commandref.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 : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|