Some thoughts
If the child is not capable of giving consent and you cannot release the
information to the parent, who is available to look after the child's
information interests. It leaves a lovely escape clause that I'm sure
most Social Service department would run to use so that they can avoid
all releases of information.
Information from other people.
You hold the information and it is your responsibility. You may hold a
duty of confidence to individuals and may not be able to release the
info.
Organisation however are big enough to look after themselves so there is
less of a duty of confidence (if there is any at all. Ask for their
consent for release and if they do not feel the information can be
released ask them to specify the reasons. If their reasons are flimsy
make it clear that you will release the information without their
consent.
If you feel there is any risk of harm to an individual from the release
of info you should get a suitably qualified person such as a doctor or
social worker to confirm this record that they did so, is so and then
withhold the info.
Chris Tinsley MSc
Wiltshire County Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of RONAN DURNIN
Sent: 04 August 2006 11:57
To: [log in to unmask]
Subject: [data-protection] Subject Access Request - Social Work Files
Dear list members,
I was wondering what experience people have in dealing with requests
made to a social work agency.
I have before me a subject access request from the mother of a child how
received services from us.
I'm working through the request, but I'd like your thoughts on 2 issues:
(1) Competence of the child with regard to consent - The child is
certainly not old enough to give (or understand) consent. I am of the
opinion that we can't not automatically release the child's information
to the parent.
(2) For those of you who have encountered social work files - There
are many different social care providers who have contributed all sorts
of reports and meeting minutes etc. We generate our own information. We
also hold copies of information generated by other agencies. Should I
direct the parent to these other agencies for this information, or can I
disclose said information? My instinct is that we need consent from
other agencies to release, and given the sensitivity of the information
there would certainly be concerns of harm or risk to persons
identifiable from those documents.
Thanks,
Ronan.
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