Schedule 3.8 - necessary for medical purposes
Nic
-----Original Message-----
From: J.S.M.Whitaker [mailto:[log in to unmask]]
Sent: 30 January 2006 14:24
To: [log in to unmask]
Subject: Re: NHS Trust sharing information with Social Services -
explicit consent?
"DPA - SCHEDULE 3
CONDITIONS RELEVANT FOR PURPOSES OF THE FIRST PRINCIPLE: PROCESSING OF
SENSITIVE PERSONAL DATA
1. The data subject has given his explicit consent to the
processing
of the personal data."
His medical state is sensitive information, therefore explicit consent
is
required. A leaflet may be a good source of information but you need to
get
(and record) explicit consent.
Regards
Jim
======================================================================
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Anne Gadsden
Sent: Monday, January 30, 2006 1:18 PM
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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