With some of the data seemingly being sensitive personal data (medical) of
particular interest would be what Schedule 2 & 3 conditions the viewpoint of
the sufficiency of implied consent provided by the delivery of a leaflet is
relying upon, and how that could meet the informed and explicit consent
requirements.
The implicit consent point does rather sound more of a denial stage or
defensive stance rather than being soundly based.
Ian W
> -----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: 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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