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
> >
> >
> > **********************************************************************
> >
> > 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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|