Hi Julie,
Please see Schedule 2 number 1 and schedule 3 below 4d.The most explicit
information on consent re medical data is detailed in the Information
Commisioner's publication on the act "Consent use and disclosure of health
data page 19.
Best of luck
Ann Sutton
Extract from the Data Protection Act 1998 obtained from the Information
Commisioners Office
SCHEDULE 2 Conditions relevant for purposes of the first principle:
processing of any personal data
1 The data subject has given his consent to the processing.
2 The processing is necessary—
(a) for the performance of a contract to which the data subject is a party,
or
(b) for the taking of steps at the request of the data subject with a view
to entering into a contract.
3 The processing is necessary for compliance with any legal obligation to
which the data controller is subject, other than an obligation imposed by
contract.
4 The processing is necessary in order to protect the vital interests of the
data subject.
5 The processing is necessary—
(a) for the administration of justice,
(b) for the exercise of any functions conferred on any person by or under
any enactment,
(c) for the exercise of any functions of the Crown, a Minister of the Crown
or a government department, or
(d) for the exercise of any other functions of a public nature exercised in
the public interest by any person.
6 (1) The processing is necessary for the purposes of legitimate interests
pursued by the data controller or by the third party or parties to whom the
data are disclosed, except where the processing is unwarranted in any
particular case by reason of prejudice to the rights and freedoms or
legitimate interests of the data subject.
(2) The Secretary of State may by order specify particular circumstances in
which this condition is, or is not, to be taken to be satisfied.
Section 4(3).
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.
2 (1) The processing is necessary for the purposes of exercising or
performing any right or obligation which is conferred or imposed by law on
the data controller in connection with employment.
(2) The Secretary of State may by order—
(a) exclude the application of sub-paragraph (1) in such cases as may be
specified, or
(b) provide that, in such cases as may be specified, the condition in
sub-paragraph (1) is not to be regarded as satisfied unless such further
conditions as may be specified in the order are also satisfied.
3 The processing is necessary—
(a) in order to protect the vital interests of the data subject or another
person, in a case where—
(i) consent cannot be given by or on behalf of the data subject, or
(ii) the data controller cannot reasonably be expected to obtain the consent
of the data subject, or
(b) in order to protect the vital interests of another person, in a case
where consent by or on behalf of the data subject has been unreasonably
withheld.
4 The processing—
(a) is carried out in the course of its legitimate activities by any body or
association which—
(i) is not established or conducted for profit, and
(ii) exists for political, philosophical, religious or trade-union purposes,
(b) is carried out with appropriate safeguards for the rights and freedoms
of data subjects,
(c) relates only to individuals who either are members of the body or
association or have regular contact with it in connection with its purposes,
and
(d) does not involve disclosure of the personal data to a third party
without the consent of the data subject.
5 The information contained in the personal data has been made public as a
result of steps deliberately taken by the data subject.
6 The processing—
(a) is necessary for the purpose of, or in connection with, any legal
proceedings (including prospective legal proceedings),
(b) is necessary for the purpose of obtaining legal advice, or
(c) is otherwise necessary for the purposes of establishing, exercising or
defending legal rights.
7 (1) The processing is necessary—
(a) for the administration of justice,
(b) for the exercise of any functions conferred on any person by or under an
enactment, or
(c) for the exercise of any functions of the Crown, a Minister of the Crown
or a government department.
(2) The Secretary of State may by order—
(a) exclude the application of sub-paragraph (1) in such cases as may be
specified, or
(b) provide that, in such cases as may be specified, the condition in
sub-paragraph (1) is not to be regarded as satisfied unless such further
conditions as may be specified in the order are also satisfied.
8 (1) The processing is necessary for medical purposes and is undertaken by—
(a) a health professional, or
(b) a person who in the circumstances owes a duty of confidentiality which
is equivalent to that which would arise if that person were a health
professional.
(2) In this paragraph “medical purposes” includes the purposes of
preventative medicine, medical diagnosis, medical research, the provision of
care and treatment and the management of healthcare services.
9 (1) The processing—
(a) is of sensitive personal data consisting of information as to racial or
ethnic origin,
(b) is necessary for the purpose of identifying or keeping under review the
existence or absence of equality of opportunity or treatment between persons
of different racial or ethnic origins, with a view to enabling such equality
to be promoted or maintained, and
(c) is carried out with appropriate safeguards for the rights and freedoms
of data subjects.
(2) The Secretary of State may by order specify circumstances in which
processing falling within sub-paragraph (1)(a) and (b) is, or is not, to be
taken for the purposes of sub-paragraph (1)(c) to be carried out with
appropriate safeguards for the rights and freedoms of data subjects.
10 The personal data are processed in circumstances specified in an order
made by the Secretary of State for the purposes of this paragraph.
References
“The Employment Equality (Age) Regulations 2006 - SI No 2006/1031 that came
into
----- Original Message -----
From: "Julie Elwell" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, January 21, 2008 2:38 PM
Subject: [OCC-HEALTH] Emploment Tribunals
Hello All,
thank you all so much for all your advice. It has been really helpful.
Can I ask where in the DPA it says about obtaining consent? I am looking
at Part II, Rights of Data Subjects and Others, Paragraph 7 and I can see
where it says consent of other individual. Can anyone point me in the
right direction?
Regards
Julie
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