1. It does not sound as if your counsellor is a health professional -
see definition in s69 DPA
2. As a data controller you can seek advice if concerned from an
appropriate health professional under Regulation 2(c) - this does not
have to be the GP, although this would often be a good solution,
particularly if you have consent.
However if you have a difficult data subject, you do not need his /her
consent to seek the necessary advice. If you need to do it , it is
covered by Schedule 3 Condition 7:
7. - (1) The processing is necessary- ... b)for the exercise of any
functions conferred on any person by or under an enactment
The statutory function is responding to a s7 request.
Phillip Bradshaw
Information Manager
Democratic Services
Room CY4A, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Fax: 029 2087 3349
"If councillors and council officers are to be held to account, the
press and public need access to the information that will enable them to
do it. If town halls want to reduce the amount they spend on responding
to freedom of information requests they should consider making the
information freely available in the first place."
Eric Pickles, Secretary of State for Communities and Local Government
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Sarah Wickham
Sent: 09 December 2010 14:33
To: [log in to unmask]
Subject: [data-protection] S.I. 2000 no.413 Data Protection (Subject
Access Modification) (Health) Order 2000
Dear colleagues
Grateful for thoughts on the following.
The University provides counselling services to staff and students on a
self-referral basis. The counsellors keep a record of
appointments/contact details for the client, and separately case notes.
In some instances, depending on the counsellor's personal practice and
counselling processes, these case notes may be very detailed although in
many cases they are merely a note of the topics raised in a session.
All counsellors are on the UK Register of Counsellors.
We have a case currently where a former client wishes to see their case
notes. Because of the issues raised and the length of time the client
was in counselling (much longer than the standard 8 sessions we normally
offer) the counselling team are extremely concerned about the risk of
causing harm or distress to the client by releasing the case notes
"cold" - they normally arrange a session with a client around access to
their case notes and usually clients wish to avail themselves of this.
In this case the client does not want to attend.
So I have two queries:
First, under S.I. 2000 no.413 Data Protection (Subject Access
Modification) (Health) Order 2000, could a counsellor be defined as "the
appropriate health professional" who can take a decision about
witholding information on the grounds it would be likely to cause
physical or mental harm or distress?
The SI says
"a) the health professional who is currently or was most recently
responsible for the clinical care of the data subject in connection with
the matters to which the information which is the subject of the request
relates; or
b) where there is more than one such health professional, the health
professional who is the most suitable to advise on the matters to which
the information which is the subject of the request relates; or
c) where-
(i) there is no health professional available falling within paragraph
(a) or (b)
[ii) not relevant to us]
a health professional who has the necessary experience and
qualifications to advise on the matters to which the information which
is the subject of the request relates;"
My issue is whether counsellors are responsible for the clinical care of
the data subject?
And if not, and only IF the client's consent form covers it, could they
be in touch with the client's GP for this purpose?
Second query, the order only applies to information as to the physical
or mental health or condition of the data subject. I think counselling
notes would be classed as information about mental health. Any
thoughts?
Many thanks
Sarah
M Sarah Wickham, MA, MA, Registered Practitioner University Archivist &
Records Manager University of Huddersfield
+44 (0)1484 473 935
Web: http://www.hud.ac.uk/cls/archives
http://www.hud.ac.uk/cls/recordsmanagement/
LinkedIn: http://www.linkedin.com/in/msarahwickham
Twitter @msarahwickham
Please don't print this e-mail unless you really need to.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user
commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
**********************************************************************
Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind. Opinions, conclusions and other information in this message that do not relate to the official business of the Council of the City and County of Cardiff shall be understood as neither given nor endorsed by it. All e-mail sent to or from this address will be processed by Cardiff County Councils Corporate E-mail system and may be subject to scrutiny by someone other than the addressee.
**********************************************************************
Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
**********************************************************************
--
Scanned by iCritical.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|