Phil,
Always a difficult issue as human nature plays a factor. We are curious to know more and we want to make sure we have done the right thing on both sides.
One thing I would recommend is to avoid the phrase "nothing to worry about". The language and phrase emphasises the words "worry about". In a way, the phrasing is like "do not hesitate to contact me" Once people hear the negative "don't" or "nothing" it reinforces the consequent. Thus, the power of "don't think about white elephants".
You may wish to use something anodyne like "This is a routine call...." Or "we are following up their contact".
I would suggest that you have not unfairly disclosed personal information to provide enough information to complete the transaction. Imagine if the physician made the call. He or she would not be able to identify themselves for potentially giving away something about the call. We move into the realm of the absurd. "I cannot tell you who I am or why I am calling or who I want to contact as you are not the person I want to contact, but even saying that I may have indicated that the other person at the resident is the person I want to contact so you now know they had a visit....."
From what you have described about your neutral approach using HPS, I would suggest you could expand on that by saying "it is a call back service" or "a routine follow up call" or you might suggest you "want them to make an appointment if they desire (if that is the case)". Neither of these have revealed medical information. I appreciate that contact with the medical service could be considered sensitive personal data but has it revealed anything about a medical condition or the person's health?
I think it is accepted that we are all connected, in some fashion, to the national health service in whatever form it takes so it would not reveal something about their private life that would harm them to have disclosed that you wish to contact them.
I would be interested in how it is resolved.
Thanks
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 11 December 2015 09:50
To: [log in to unmask]
Subject: Friday Conundrum
Organisation runs a well-being service focused on matters like alleviating obesity (quite topical today). Well-being coaches receive references from GPs and others. They make phone calls to referred users who have supplied their number via the referee. Until recently calls made using a number withheld service. Feedback suggested many users were reluctant to pick up the phone as they thought it was a cold caller/PPI claims dept. so contact was difficult in a significant proportion of cases
Service now has the ability for our number to appear on the call display. This leads to a proportion of callbacks using 1471 k, and on about 50% of occasions the person phoning back is the spouse or other relative of the person referred.
How does the service deal with that without potentially breaching confidentiality / DP? can it do so? It has tried to be neutral by saying something like " we are the Health Promotion Service and would like to speak to Mrs X, when would be a good time to call her." but typically the person then wants more info. Current answer is along the lines "its nothing to worry about could you ask her to call us when its convenient for her."
Assume a worst case scenario where Mrs X has sought a referral on something does not wish to discuss with partner etc. have we not crossed the line simply by identifying ourselves ?
Is there any other solution than switching the number withheld back on? Or can we in terms of confidentiality imply a limited consent from the fact we have been given the number? Is this sufficiently explicit in terms of DP?
I do have one other possible solution in mind, but will keep that to myself rather than pre-load any responses
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