One of the key issues here is the difference between consent to engage with social work and the lawful basis for processing personal data necessary for the engagement. If someone agrees to engage with social work, then social workers can't do anything for the person (in most circumstances) without some personal data - they don't use consent and would be completely hamstrung if they did. Imagine the chaos caused by someone withdrawing consent and us having to delete their social work case file...
Donald
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 08 August 2018 17:26
To: [log in to unmask]
Subject: Re: [data-protection] Misuse of private information by public authorities? (Friday question?)
As ever - it depends.
What information? What purpose?
In theory though person can be correct. If the information IS confidential their consent is required unless there is a good reason to set aside - Councils have Caldicott Guardians too and that is one thing they can look at - with your help.
Some Social Services interventions are a matter of choice. Within limits, even for some adult safeguarding issues, people have the right to refuse help. If they do not want help you cannot process information to force it on them unless some overriding duty arises.
Of course consent to use information for the social work intervention does not require the full GDPR attributes - although privacy notice requirements still bite. As with medical information it can be implied from active engagement in the process so long as use has been explained. In that sense it is more like a right to object than a formal requirement of consent in the GDPR sense.
Of course where there is an overriding duty to intervene without consent that right to object to the use of necessary confidential information is also overridden
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