First point is that the parent would have to specifically ask for
information about them in the Childs SC record. This would immediately
raise concerns.
Then even ignoring the Order (which I am not that familiar with) s7(4)
is clearly engaged as you cannot possibly divorce the parents data from
the fact that the child supplied it in such a case. So it is
straightforward application of s7(4)(b) and s7(6)and I would expect that
in most cases, unless it could be clearly demonstrated that it was in
the child's interests there would be a refusal to disclose.
Further having regard to s40(5) FOIA (I confess I struggle to follow the
logical path through this section !) this may well be a refusal to
confirm or deny
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4B, County Hall
EMail: [log in to unmask]
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Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lee Gardiner
Sent: 02 September 2008 14:05
To: [log in to unmask]
Subject: Re: [data-protection] Common Assessment Form
Speaking from a social care perspective you probably wouldn't use
confidentiality or the Seventh Principle to withhold the info in the
slightly extended scenario of Simon's.
You'd more likely use the DP (Subject Access Modification) (Social Work)
Order 2000.
That said the information 'my parent is an alcoholic' is clearly their
(the parent's) PD and so confidentiality isn't an issue other than for
identifying the possible source of said information as the council is
highly likely to have sufficient info to ID the individual concerned.
Just my POV.
Lee
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of simon howarth
Sent: Tue 02 September 2008 13:59
To: [log in to unmask]
Subject: Re: [data-protection] Common Assessment Form
There isn't just a data protection issue here. One has to consider the
circumstance in which information was given by the "child" about someone
else. Whilst the parent may request information under a SAR, there is
also the common law duty of confidentiality to consdier, although Sec.
7(4) is probably relevant in the DPA - as mentioned by Donald.
Consideration also needs to be given to the child's ability to
understand what they are doing... and then we set off down that slippery
slope!
I think your example is interesting "my mum/dad is an alcoholic" add to
that "and beats me" then releasing the information may put the child in
danger, so all things considered I would be inclined to err towards
7(4). I would be very interested to hear others opinions though as I
suspect this is not a heads or tails type solution.
Regards,
Simon Howarth.
Quoting Donald Henderson <[log in to unmask]>:
> Sarah,
>
> If the information is relevant then of course it should be recorded on
> the form.
>
> Since the form is personal data about the young person, then the
> parent / carer only has a right of access to information about
> themselves when you take account of the third party conditions in
section 7.
>
> Regards
>
> Donald Henderson
> Information Compliance Manager
> Perth & Kinross Council
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Priestley Sarah
> Sent: 02 September 2008 13:27
> To: [log in to unmask]
> Subject: [data-protection] Common Assessment Form
>
> I've been asked this question from one of our children's teams:
>
> If a Young Person under 16 has consented to a CAF and their
> parents/carers are not involved in the assessment process (i.e. they
> want to do it confidentially) and the young person provides
> information about their parent/carer (i.e. I think my mum/dad is an
> alcoholic) can these details be recorded on the CAF and do the
> parents/carers have a right to see the information on there if they
request it?
>
> On first look, the answer seems quite obvious to me, but I wanted to
> throw it to you guys for your opinions!
>
> Thanks
>
> Sarah Priestley
> Information Governance Officer
> Audit, Scrutiny and Information Governance
>
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