I'm with you on this and others who hold a similar view. The fact is that
they *have* asked the trust. The trust now has to decide what to reply. My
view is that the trust opens itself to many and various accusations if it
makes any reply disclosing any facts, positive or negative, about the
individual
What if the Trust's records were incorrect? I have been known to arrive for
an outpatient appointment to discover they believed I did not have one.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Margarita Rainford
Sent: 10 June 2005 12:42
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure or not?
Why can't the employers ask the employee to provide further substantiating
information/documentation and allow the employee to approach the NHS Trust
or his own GP for his own personal data?
In this situation if the employee can't provide the information the employer
can tackle it without either one of them involving the Trust in the dispute.
Margarita
Tim Trent wrote:
>And that gives us the problem. Each argument holds water. And since
>each argument holds water there are grounds for a dispute. If the
>dispute is settled in favour of the employee it is likely to be a
>disclosure that has caused damage or distress.
>
>I am considering it to be very specific personal data. It gives
>details to the employer that the employee was allegedly not at an
>appointment with that place in that date. By giving them this data
>about their employee, despite the valid point that it is an "absence of
>data", they now have additional data about that employee.
>
>Antoinette's answer is good, but in my view also goes too far because
>it gives minimal information.
>
>The best answer is surely "We require proof that you have the right to
>any information at all about this person and that they permit you to
>have that information before we will give you any information at all.
>You may not interpret this answer as giving you any information of any
>description about that person"
>
>We are not interest here in any alleged deception by the employee. We
>should only be interested in protecting their rights. Even murderers
>have rights.
>
> _____
>
>From: Lewis, Chris G. [mailto:[log in to unmask]]
>Sent: 10 June 2005 12:18
>To: Tim Trent; [log in to unmask]
>Subject: RE: [data-protection] Disclosure or not?
>
>
>I disagree. I think were one to say, as suggested "no-one of that name
>had an appointment", you are not disclosing anything about any
>individual in isolation - "no-one called John Smith was here". I can't
>see that a John Smith could complain that that was an unauthorised
>disclsoure of their personal data. Firstly, I don't think it's personal
>data, and secondly, it would equally be known to a member of the public
>who sat in reception all day as it was to the hospital.
>
>-----Original Message-----
>From: This list is for those interested in Data Protection issues on
>behalf of Tim Trent
>Sent: Fri 10/06/2005 12:14
>To: [log in to unmask]
>Cc:
>Subject: Re: [data-protection] Disclosure or not?
>
>
>
>I would suggest that disclosing where "someone was not" is a disclosure
>of personal data, and in this case to a third party without authorisation.
>
>What if this person were attending the GUM clinic for an HIV test and
>has absolutely NO desire for his employer (or alleged employer) to know?
>
>They have now also passed data to you, an unauthorised third party, of
>their
>
>suspicions of their employee.
>
>My advice?
>
>Avoid. Do not answer without permission form the data subject.
>
>-----Original Message-----
>From: This list is for those interested in Data Protection issues
>[mailto:[log in to unmask]] On Behalf Of John Hughes
>Sent: 10 June 2005 12:09
>To: [log in to unmask]
>Subject: [data-protection] Disclosure or not?
>
>A question for you:
>
>I have been contacted by a company asking whether or not one of their
>employees had an appointment with us one recent Friday afternoon. They
>suspect that they have been handed a faked appointment letter by the
>employee as proof.
>
>If I replied by simply stating "no one of that name had an appointment
>here on that date", would I be on safe ground? My rationale is that I
>am disclosing nothing as nothing actually took place.
>
>John Hughes
>DPO
>Mayday Healthcare NHS Trust
>
>
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