Does copyright law not come into this although I am no expert!! Just a thought.
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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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