Thanks to everyone who replied to my recent request for advice regarding
forms for readers to sign, allowing them access to what would normally be
restricted under the DPA because of the personal information contained.
Twelve replies were received, eight of them saying that a local version of
a form is used. The general tone was that the forms in use had been
cannibalised from other sources, legal advice had been sought with regard
to wording, and that they were on offer to be recannibalised and used
elsewhere. Two respondents pointed to the Modern Records Centre policy at
http://www2.warwick.ac.uk/services/library/mrc/using/dpa/ whereby
application for research implies compliance with the Act. Importantly,
others indicated the suggested form annexed to the Revised Code of Practice
on the SOA website at
http://www.archives.org.uk/professionalissues/reviseddataprotectioncodeofpra
cticeversion6.html .
One office had a separate form for if there was a specific intent to
publish. Another has developed three categories of record access
(open/closed/restricted) and a form allows access to the ‘restricted’, but
that office also uses a form for an initial undertaking to be signed by new
readers.
One reply was more concerned with medical records which is definitely of
interest but requires somewhat different wording and procedures. Another
reply specifically requested feedback; I will reply off-list. Finally, one
office does not use a form as it was warned off by its solicitors on the
basis that any agreement would be unenforceable, the records are closed by
law and the office liable in the case of misuse!
Hopefully this is of help and clarifies what practice is in use. I think we
will create a simple form with the standard wording, using as a starting
point forms offered for reuse and also the form in the draft Code of
Practice, for readers to sign if they give us good reason for requiring
access to records we know or suspect to be subject to the Data Protection
Act. I can see the merits, though, of an initial form that new readers
sign. Or perhaps a note in the signing-in book that they are signing to
agree compliance?
I’m sure you’ll all be impressed that I anonymised the replies! I suspect
another bout of lively discussion is in the offing.
Gary Moyle
Archivist
Hertfordshire Archives and Local Studies
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