Hi yes Terri that is what Diana Kloss recommended. So confusing. I don’t think we as nurses need to change our practice as most are already doing everything correct.
Sent from my iPhone
> On 27 Apr 2018, at 13:52, Terri Goodyear <[log in to unmask]> wrote:
>
> Hi Georgine,
> Following the GDPR event on Monday in London, the advice is steer clear of consent.
>
> Use Article 6 (1e) if you are NHS (1f) if your not and article 9(2) (h).
>
> The advice is to use professional consent as the basis for consent
>
> Hope this helps.
>
> Terri
>
> -----Original Message-----
> From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Georgina Mills
> Sent: 27 April 2018 13:41
> To: [log in to unmask]
> Subject: [OCC-HEALTH] GDPR legal basis
>
> Looking for your thoughts on this.
>
> GDPR has 6 legal basis on processing data and I’m aware everyone is sticking to ‘consent’ as the go to.
>
> My understanding is that they have to give explicit consent that is given freely. Which is the case for management federal etc.
>
> In health surveillance however, consent is not given freely. It’s either usually a requirement of the employing company as part of their HSAW policy or a legal requirement. Therefore consent is expected as part of their role.
>
> I am more inclined to think that the legal basis for processing data for health surveillance specifically is more akin to Compliance with a legal obligation.
>
> Any opinions?
>
> Georgina
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