I am disappointed, but not surprised, that someone within the bureaucracy
would hold the following view.
"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 would be the position if the relative is someone who is visiting from
abroad, for example the US, and has no understanding of what has been
handed to them and they are not aware that what has been handed to them is
a legally binding document? What would happen if the relative did not
speak English? I realize that physicians and administrators are concerned
about malpractice suits, but I am more than a bit annoyed that it is
possible that my health care provider, the NHS, could transmit my
sensitive personal data on the basis of a leaflet handed to a relative. I
was under the belief, perhaps mistaken, that the DPA was in place for just
such a situation. Instead, it would appear in this second position held
within the Trust that the DPA is being used to defend an institution,
which is well placed to defend its interests, rather than defend the
individual, who is not well placed to defend their interests.
I hope that the view expressed above is a minority view within the trust
and within the NHS as a whole.
Lawrence Serewicz
Lawrence W. Serewicz
Scrutiny Manager
Management Support Unit
Wear Valley District Council
01388-761-985
Anne Gadsden <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
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30/01/2006 13:17
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Anne Gadsden <[log in to unmask]>
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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)
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