Speaking from the NHS, I agree with Jon. In addition we'd use 9(2)(h) to validate access to the necessary clinical details as part of 'management of healthcare services'. There will be various elements in NHS Acts over the years giving various types of organisations the legal requirement (or at least obligation) to service the complaint.
Regards
Adam
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jon Baines
Sent: 26 January 2018 17:17
To: [log in to unmask]
Subject: Re: [data-protection] Friday Question - Consent and Detriment
In the NHS, at least, do you need consent to access the data? There’s a statutory obligation on NHS bodies to investigate complaints. For other public authorities there’s arguably an implied legal obligation at public law. For non-public authorities, legitimate interests?
Jon Baines,
Chair,
nadpo.co.uk
> On 26 Jan 2018, at 17:00, Phil Bradshaw <[log in to unmask]> wrote:
>
> GDPR Recital 42, and EU guidance are clear that consent is not valid if not giving it will cause detriment.
>
> So how do we manage complaints? To investigate a complaint (especially in NHS) typically you need access to the complainants data. You ask for consent. But if you do not get it there is clear detriment to the subject as his complaint cannot be resolved. So you get it - but if you do it is not valid.
>
> What am I missing?
>
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