NHS Protect has some good guidance on process around placing and - key thing re: fairness - *regularly reviewing* alert markers on records. I am sure that this was updated earlier this year, unfortunately my Google Fu is failing today - it may be this document that I'm thinking of: http://www.nhsbsa.nhs.uk/Documents/SecurityManagement/Version1.2-Security_Standards_for_providers_2015-2016.pdf.
Information Commissioner's Office also used to have guidance on its website - again, search (even with site tag) is failing to find me a direct link to anything that doesn't look massively out of date - perhaps someone else will have better luck today. In short, the key factors are to consider the marker being related to the action required to mitigate or remove the risk (e.g. 'no home visits') rather than the reason for the risk or perceived risk, and, as noted above, regular review for continued relevance. I hope it goes without saying that wherever safe to do so, data subjects must be informed about process/their status under such a scheme, or a really robust justification recorded as to why not.
It is my personal opinion that the qualification for the human rights of privacy and freedom of expression is to not be vile to public sector staff who are trying to help you. To make a marker scheme work properly, staff must also be encouraged not to 'normalise' abuse - which happens all too often - and ensure that they report effectively so that we can invoke alert procedures in a timely way and, where appropriate, share with other agencies whose staff may also be at risk. Unfortunately, it too often happens that the first incident report is a 'last straw' reaction to long running issues.
Regards
Sandre
Sandre Jones
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