Tim - I agree, it was one of those systems that I believe "just evolved".
Doreen - Not sure about copyright. Certainly they will have copyright on
their system and possibly database, but not the information it contains. Tim
has a point about nothing says he can't charge, but I would expect not to be
held at gunpoint and the information given back if there is no legal reason
to keep it, and bearing in mind the NHS requirements on data retention.
Simon.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 09 February 2010 18:33
To: [log in to unmask]
Subject: Re: [data-protection] The right of a data processor to withhold
information...
Does copyright law not come into this although I am no expert!! Just a
thought.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 09 February 2010 18:17
To: [log in to unmask]
Subject: Re: The right of a data processor to withhold information...
I think the answer depends on the commercial contract between the two
organisations. It looks, as usual, as if insufficient care was taken when
engaging the data processor, and that the contract is more like a handshake
than a full commercial agreement detailing what will happen at price review
or cancellation times.
While the Data Controller is absolutely entitled to receive the data there
is nothing in the DPA, for example, that says that this has to be supplied
free of charge.
On 9 Feb 2010, at 18:01, Simon Howarth wrote:
I wonder if I may have the benefit of the considerable experience on
this
forum.
Mentioning no names...
An organization (NHS) has used a system developed initially by a
consultant
(medical) who then set up a business supplying the system and is no
longer a
consultant - this part is fine. The system has been in use for a few
years
with only very basic terms and conditions in force. When renewal of
the
licences became due the organization decided not to go ahead on cost
grounds
- a very significant increase was tabled.
On requesting the information held in the database (medical details
and
images) to be released so that it could be imported into something
else, the
company concerned refused, and stated that the database is
"proprietary" and
export of the information will cost a significant amount of money.
The information is not critical, but might be needed for case review
purposes.
I wonder what people's views are on:
1. The right to charge for access to the data controller's own data
2. The refusal to allow access to medical information and the issues
that
may bring.
Any views would be most welcome. For what it is worth I feel that
there is
no right to refuse access to the data and at the very least the
proprietary
data should be made available so that in-house developers can get at
it. As
they are a data processor, they have no rights to hold the
information in
any form, beyond that which the controller authorized.
Thanks in advance.
Simon Howarth.
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