I've just come back from holiday and picked up this thread about CSCI
requirements. It seems to me that some inspectors, at least, regard CSCI as
taking precedence over all other legal requirements. For example, many of
my clients find that CSCI expects them to hold the details of CRB checks
indefinitely - in direct opposition to the CRB Code of Practice, which says
that you should only record the fact that the check was done, not keep the
details once they have been assessed. There is a way of reconciling these
positions, but it should not be down to the likes of us to resolve conflicts
between two official bodies' recommendations. Apart from anything else, if
thousands of different organisations have to sort out their own solution,
there are going to be inconsistencies between the courses of action adopted.
I think CSCI should be challenged on this, preferably with the ICO involved
in knocking a few heads together so that a clear answer is provided which
strikes the proper balance.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Carter, Antoinette (MCS)" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, July 28, 2006 11:32 AM
Subject: Re: Log Books and CSCI Inspections
I really don't see what difference it makes to have their first names
only. What happens when you have more than one John, for example, in
the same house? Or people share the same initials? I would ask the CSCI
for further clarification on why they believe using full names breaches
data protection and take it from there.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Toby Davison
Sent: 27 July 2006 16:19
To: [log in to unmask]
Subject: Re: [data-protection] Log Books and CSCI Inspections
Our incident books record one incident per page, which is copied and
placed on the file of the individual involved, but the book stays
together as a secure file, as opposed to the accident books. The
inspectors say we should use either first names or initials in these as
well. The log books record every single activity that occurs in the home
as a running log and therefore irrelevant to whom the activity involves,
any serious incident will be cross-referenced to the incident book and
recorded in more detail.
Toby Davison
Archivist/Records Manager
The Together Trust
The Together Trust Centre
Schools hill
Cheadle
Cheshire SK8 1JE
0161 283 4815
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Samantha Hill
Sent: 27 July 2006 16:02
To: [log in to unmask]
Subject: Re: [data-protection] Log Books and CSCI Inspections
Could you not use books similar to those used to record accidents for
H&S, which only record one incident on each page. The pages are then
torn out, one copy going to the individual as a record of what is
written and one copy going into your secure files? That way, all the
necessary info is collected but not disclosed.
Samantha
On 27 Jul 2006 at 15:25, Toby Davison wrote:
Dear colleagues,
I wonder if I can lean on some advice.
Here at the Together Trust we own a number of young peoples residential
homes. These homes are inspected regularly by the Commission for Social
Care Inspections (CSCI). Each home will have a daily log of events as
well as books that record any incidents (absconding, violence etc).
Especially in the log books there may be details regarding three or four
young people on the same page. Up until now the full names of the
residents have been used. The CSCI inspectors are now saying that this
is breaching Data Protection and confidentiality. Instead some
inspectors are saying to use first names only whilst others are saying
use the initials of the residents.
I have a problem with this for future use. It is certainly feasible (and
has been the case) that we could have more than one person in a unit
with the same first name at the same time. What happens in 10m years
time when all the relevant young people and quite probably all the
members of staff have moved on and there is an investigation conducted
by the police, quite feasibly someone may be accused of doing something
that someone else did. The same situation could arise if we had a John
Wright and a James Warburton and their initials were used. Access to the
logbooks is controlled and only those members of staff responsible for
the young people are authorised.
My gut feeling is that the inspectors are worried that if a policeman
comes knocking the whole log book would be turned over. This is not the
case we only supply the relevant data required for their investigation
and will redact all other data relating to other individuals. By the
same token I would suggest that the name John who is in ******
residential home is also personal data (assuming he is the only John in
the unit at the time), as we hold other information that would identify
him.
Has anyone else come across this and does it make sense?
Thanks
Toby
Toby Davison
Archivist/Records Manager
The Together Trust
The Together Trust Centre
Schools hill
Cheadle
Cheshire SK8 1JE
0161 283 4815
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