I'd say you can provide to the advocate any data that is covered by the consent from the client. It may be prudent to give a copy each time to the client, so they know what has specifically been requested by and provided to the advocate.
The controller can follow its normal safeguarding processes if they feel there is undue influence from the advocate, or that they are not acting in the best interests of the client.
Victoria Blyth
Privacy & Data Protection Lead (Deputy DPO) - Records & Information Management
Read our R&IMT guidance here: Records and Information Management (sharepoint.com)
London Borough of Barnet, 2 Bristol Avenue, Colindale, NW9 4EW
Tel: 020 8359 2015 | Web: www.barnet.gov.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Duncan Smith
Sent: 17 November 2021 15:46
To: [log in to unmask]
Subject: [data-protection] Advocacy and GDPR
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In a care setting (not CQC), a resident has requested another individual act as their advocate.
The resident is competent and has provided valid consent for the sharing of their data with the advocate.
How should the care provider manage this advocate, who repeatedly requests information (including SCD) concerning the resident? Is the advocate simply a proxy for the resident or is/should the controller be more GDPR constrained?
Thanks..
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