Would it be unreasonable to do 2 based on the fact that in order to disclose data you need to be satisfied as to the data subject's identity? In this case the identity of the "guardian" is in doubt and you are unable to supply the data until that has been resolved.
Seth Speirs
Data Protection Officer
Public Prosecution Service
028 90264621
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of TUCKETT, Adam (NHS SOUTH, CENTRAL AND WEST COMMISSIONING SUPPORT UNIT)
Sent: 20 December 2018 11:13
To: [log in to unmask]
Subject: Re: [data-protection] Subject Access Request and (difficult) Attorneys
I'd say that 2 is more likely. If the validity of the LPA is being questioned and assessed by the OPG, then the doubt is on the LPA holder's validity to make a request. Presumably the OPG could revoke the LPA if they find the holder is not acting in best interests and not fulfilling their duties appropriately.
I would only consider extension if I was sure they had the right to ask (or appropriately delegated authority) and where there may well be complexities regarding exemptions bearing in mind the LPA holder would get the details and disclosure to the patient may be different from what is disclosed to the LPA (i.e. record contains details of child born when patient was young and given up for adoption - would disclose that if it was going to the patient, but wouldn't disclose if the LPA was also a child (born later) of the patient).
Best regards
Adam
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 20 December 2018 10:55
To: [log in to unmask]
Subject: [data-protection] Subject Access Request and (difficult) Attorneys
Subject has dementia.
X has a valid Lasting Power of Attorney and has made a SAR. We have doubts as to whether X is acting in subject's best interests and Office of Public Guardian is involved. OPG is assessing capacity and best interests. This will certainly take more than a month from the date of the SAR, possibly more than 3. Possibility that the LPA will be revoked by OPG.
Q1 Does this qualify for an extension under Art 12(3) "taking into account the complexity " - if so what do we do, if it comes to it, when the maximum extension is up ?
or
Q2 Do we simply say time is not running as we are not reasonably satisfied that there is a valid request until OPG has determined the issues ?
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
********************************************************************************************************************
This message may contain confidential information. If you are not the intended recipient please inform the sender that you have received the message in error before deleting it.
Please do not disclose, copy or distribute information in this e-mail or take any action in relation to its contents. To do so is strictly prohibited and may be unlawful. Thank you for your co-operation.
NHSmail is the secure email and directory service available for all NHS staff in England and Scotland. NHSmail is approved for exchanging patient data and other sensitive information with NHSmail and other accredited email services.
For more information and to find out how you can switch, https://portal.nhs.net/help/joiningnhsmail
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|