Hi All
Looking at Para 4(1c), is the issue perhaps linked to the different mechanisms involved in establishing EPA / LPA and Court Appointed Deputyship?
That is, an EPA / LPA is given to the Attorney by the Data Subject - the scope and extent of the Attorney is agreed between donor and recipient and we might expect matters relating to what health info is in or out of limits to be sorted out between the parties before the document is registered with the CoP?
A Court-appointed deputy however comes into play once the Data Subject has already lost the capacity to agree EPA/LPA terms with their choice of representative. They potentially have, therefore, no real choice over who represents them as that is decided by a Court process (with, perhaps, some input from friends, relatives or professionals as part of the consultation part of the process).
In theory, a Deputy could be anywhere on the range from 'well-trusted friend/relative/lover/spouse', through 'despised but trustworthy & competent relative' to 'council-employed total stranger'.
As the law must be drafted in ways compatible with Art 8 HRA, could this apparent disparity be a nod to The System offering some dignity in privacy for Data Subjects with appointed Deputies who might not have been their first choice of representative?
Owen Thomas
Deputy Data Protection Officer
Data Protection Office
People, Communications and Partnerships
Sunderland City Council
0191 5611263
"Under schedule 3 para 4 DPA 2018 personal data cannot be provided in response to a SAR brought by a parent or court appointed deputy if it would be contrary to data subject’s expectations and wishes as defined in para 4.
Can anyone think of a logical reason why this has not been not similarly applied to someone acting under a lasting Power of Attorney to make an SAR ?"
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