That is still a requirement - The Data Protection (Subject Access
Modification)(Health) Order 2000 - SI 2000 No. 413
Nic Drew
DPO
Cardiff and Vale NHS Trust
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: 04 August 2006 14:39
To: [log in to unmask]
Subject: Re: Subject Access Request - Social Work Files
I seem to recall a _requirement_ to obtain the views of any medical
practitioner who had provided any data, about any subject access
disclosure,
so they may have opportunity to ensure no data which may damage a
patient is
disclosed. Is that not still a requirement?
Hilary.Lawrenson on 04 August 2006 at 13:00 said:-
> The only agency I refer the applicant on to is the
> police.
It is my impression that if you hold the data as a controller you are
responsible for it and hence should be disclosing/claiming any exemption
rather than referring on. If challenged I suspect any finding will be
against the controller rather than the police.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> [log in to unmask]
> Sent: 04 August 2006 13:00
> To: [log in to unmask]
> Subject: Re: Subject Access Request - Social Work Files
>
>
> 2) If I have information in a file from other agencies I
> always talk
> to them and get their written consent and comments before I
> disclose. Some
> information, eg reports from psychologists, can be very specific to a
> particular time or aspect of behaviour and the writer will
> often want to
> include a comment to explain how they should be interpreted
> at a later
> date.
>
> In contacting the agencies I often find that a request has
> been made to
> them too anyway. The only agency I refer the applicant on to is the
> police.
>
> Hilary
>
> Hilary Lawrenson, Data Protection Officer
> National Probation Service - South Yorkshire
> Head Office
> 45 Division Street
> Sheffield, S1 4GE
>
> Tel 0114 276 6911
> Fax 0114 276 1967
>
>
>
> RONAN DURNIN <[log in to unmask]>
> Sent by: This list is for those interested in Data Protection issues
> <[log in to unmask]>
> 04/08/2006 11:56
> Please respond to
> RONAN DURNIN <[log in to unmask]>
>
>
> To
> [log in to unmask]
> cc
>
> 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.
> This message is for the named person's use only. It may contain
> confidential, proprietary or legally privileged
> information. No confidentiality or privilege is waived or lost by any
> mistransmission. If you receive this
> message in error, please immediately delete it and all copies
> of it from
> your system, destroy any hard copies of
> it and notify the sender. You must not, directly or indirectly, use,
> disclose, distribute, print, or copy any part of
> this message if you are not the intended recipient. The
> Northern Ireland
> Guardian ad Litem Agency reserves
> the right to monitor all e-mail communications through its networks.
> Recipients should also be aware that all
> e-mails received by the Northern Ireland Guardian ad Litem Agency are
> subject to the Freedom of Information
> Act 2000 and therefore may be disclosed to a third party. Any views
> expressed in this message are those of
> the individual sender, except where the message states
> otherwise and the
> sender is authorised to state them
> to be the views of any such entity.
>
> This e-mail was scanned by Sophos anti-virus software updated
> on an hourly
> basis.
--
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.1.394 / Virus Database: 268.10.5/407 - Release Date: 8/3/06
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
Any queries about sending or receiving message please send to the list
owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This message is strictly confidential and intended for the person or organisation to whom it is addressed. If you are
not the intended recipient of the message then please notify the sender immediately. Any of the statements or comments
made above should be regarded as personal and not necessarily those of Cardiff & Vale NHS Trust, any constituent part
or connected body.
All e-mail sent to or from this address will be processed by Cardiff & Vale NHS Trust's Corporate e-mail system and
may be subject to scrutiny by someone other than the addressee.
Please be aware that, under the terms of the Freedom of Information Act 2000, Cardiff & Vale NHS Trust may be required
to make public the content of any emails or correspondence received. For further information on Freedom of Information,
please refer to the Cardiff & Vale NHS Trust website at www.cardiffandvale.wales.nhs.uk
Mae'r neges hon yn gyfrinachol. Os nad chi w'r derbynnydd y bwriedid y neges ar ei gyfer, byddwch mor garedig ÿ rhoi
gwybod i'r anfonydd yn ddi-oed. Dylid ystyried unrhyw ddatganiadau neu sylwadau a wneir uchod yn rhai personol, ac nid
o angenrhaid yn rhai o eiddo Ymddiriedolaeth GIG Caerdydd a'r Fro, nac unrhyw ran gyfansoddol ohoni na chorff
cysylltiedig.
Caiff pob e-bost a anfonir oÿr cyfeiriad hwn ei brosesu gan system e-bost Gorfforaethol Ymddiriedolaeth GIG Caerdydd
a'r Fro, a gallai gael ei archwilio gan rai ac eithrio'r sawl a anfonodd y neges.
Cofiwch fod yn ymwybodol ei bod yn bosibl y bydd disgwyl i Ymddiriedolaeth GIG Caerdydd a'r Fro roi cyhoeddusrwydd i
gynnwys unrhyw ebost neu ohebiaeth a dderbynnir, yn unol ag amodau'r Ddeddf Rhyddid Gwybodaeth 2000. I gael mwy o
wybodaeth am Ryddid Gwybodaeth, cofiwch gyfeirio at wefan Ymddiriedolaeth GIG Caerdydd a'r Fro ar
www.cardiffandvale.wales.nhs.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|