But it might depend on what was said in the privacy notice. Many
organisations end up in this sort of trouble because they give a cast iron
guarantee that they won't disclose information, or they restrict their
stated purpose(s) very tightly, and then wish they hadn't.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Donald Henderson" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, September 20, 2010 11:09 AM
Subject: Re: Internal sharing of clients' data
Quite frankly, Lynn, the situation is ridiculous and STAR need some
sense knocked into them. Your in-house legal people probably understand
confidentiality better than STAR do !
Donald
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lynn Wyeth
Sent: 20 September 2010 10:39
To: [log in to unmask]
Subject: [data-protection] Internal sharing of clients' data
Scenario: Anti-Social Beahviour Team and Legal Services at a Council
looking to evict a council tenant as last resort.
Council's housing advice team (STAR) have been working with the tenant
for some time to try and get them to take up help with alcohol problems
etc. Have a large file on client including sensitive health info.
Legal Services asked for copy of file from STAR. STAR resisted on
principal as it would undermine clent confidentiality and word would get
round not to use the service.
Court have now ordered 'standard disclosure'. Normal practice is for the
STAR team here to send to, yes you've guessed, Legal Services, to decide
what should be released under this disclosure, what is relevant to each
side's case etc.
STAR have now passed case to outside organisation due to the conflict,
but still hold the information on file. Can we say we're not disclosing
as we are no longer in control of the documents and the outside
organisation should disclose to the court?
More imprtantly though, for future working, how do other people manage
internal conflict of interests/ client confidentiality when we are
almost trading services within one big happy data controller? Do you
have any internal guidance or protocols in place for when there may be
disagreements about who can see what within the one organisation?
Lynn
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