We should take care with this approach, there are circumstances where
confidentiality can be maintained whilst still meeting our duty of care. For
example, people with AIDS/HIV remain anonymous and the care issue is dealt with by
training police officers and NHS staff in the correct procedures.
If the student's condition is life-threatening there may be a case for
informing a few key individuals who can help in a particular situation, say first
aiders. To disclose to others the details of the condition, rather than the
procedure to follow in the event of an emergency, could breach common-law
confidence rules and the person's human rights.
The BG case is also very misleading in this context. Ths fact that the gas
had been (or was about to be) cut off was not "sensitive data". If the company
had been aware that there was no alternative heating their duty would have
been to disclose, or at least to inform Social Services that a problem is likely
to result from their actions.
The statement by the IC was very non-committal on the particular case but
expressed a desire to meet with BG to define "vulnerable" cases where consent
would not be required to disclose to SS.
Ian B
-----------
In a message dated 07/07/05 09:22:18 GMT Daylight Time,
[log in to unmask] writes:
> We need to remember to bear in mind that, despite an individual's right to
> privacy, we have an overriding duty of care to everyone. Even if the
> student demands that the information is kept confidential, if to do so
> could prejudice his or anyone else's health or safety then we must disclose.
>
> Remember British Gas and the elderly couple who refused to let British Gas
> tell Social Care that their gas supply was to be cut off? They died as a
> result. British Gas were critisised by the court and the Information
> Commissioner for not disclosing their situation to the authorities, despite
> their refusal to 'consent' to disclosure. I think the Commissioner's
> argument was that disclosure was necessary in order to process information
> in their 'vital interests' and as such their consent was not necessary.
--------
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
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Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
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