The general position on data sharing between Health and So
Anne,
The general position on data sharing between Health and Social Services
is that informed, explicit consent is the norm. The only real exceptions
should be where the issue is life and death or it is not possible to
gain prior consent (patient unable to provide consent). The use of a
general leaflet and implied consent should be avoided at all costs !
Donald Henderson
Information Compliance Manager
Perth & Kinross Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Anne Gadsden
Sent: 30 January 2006 13:18
To: [log in to unmask]
Subject: [data-protection] NHS Trust sharing information with Social
Services - explicit consent?
We have received a complaint recently from a patient's family, which
(among a raft of issues) includes a DPA issue.
Staff on the ward contacted Social Services in order to ensure provision
of care for the patient in the community after discharge. It is not
clear whether this was discussed with the patient. The family only
became aware that this had happened when Social Services contacted them
to discuss the discharge arrangements with the family, at the same time
the family were told certain details of the patient's health status that
they had not previously known (the hospital staff had not told them).
I take the view that explicit patient consent should have been obtained
from the patient before information was shared with Social Services (he
was mentally capable of providing consent), and that this should have
been written in his health records in some way, even if only as a brief
note to the effect that his discharge arrangements had been discussed
with him.
Alternative opinion within the Trust is that providing patients with a
general leaflet on "Protection and Use of Patient Information" which
includes "Everyone working in the NHS has a duty to keep information
about you confidential. However, you may be receiving care from other
people, as well as the NHS. to enable us to work together for your
benefit, we may need to share some information about you." is sufficient
to assume implicit consent under the Data Protection Act, and we are
covered by that leaflet (if we can prove that it was handed out to the
patient or his relative)
What are your view on this one?
I am aware of the fact that practically it is difficult to obtain and
record explicit consent to sharing information on busy wards in each and
every circumstance, but I am also very uneasy about assuming that
patients are happy for us to share information (even for the best
possible reasons) unless they tell us otherwise.
Your help with this one is very much appreciated.
Anne
Anne Gadsden AHRIM
Information Governance Officer
Information Services Department
North Cumbria Acute Hospitals NHS Trust
Cumberland Infirmary
Carlisle CA2 7HY
01228 814539 (direct line)
e-mail: [log in to unmask]
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