Hi,
I was given a "little" problem today and I would welcome any feedback
on the technicalities of data protection or anything else that you
consider worth saying.
One of our medical departments (based in a teaching hospital) has
routinely done studies of patients. The way it collected its data was
to approach GP practices, go through patients' medical histories,
identify the group it wanted, approach the patients and ask them if
they would like to participate in a study.
Sounds OK and law abiding. (well, I hope so).
Now, the first GP practice they have approached says they cannot allow
the dept to check patients' records (because of 1998 Act). The GP
practice is obliging enough to offer to mail all patients suffering
from problem X and ask them if they would like to have their details
passed on etc.
Two problems with this approach.
First, how many practices would be so helpful?
Second, the department would not want every person suffering from X
to be approached. Because the study would involve treatment (drugs
etc) the department needs to identify in advance the patients it wants
to approach as opposed to building up hopes to patients it could not
involve in the study, ie. ethical problems.
In the Registrar's guidance, chapter 3, I read:
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1.4 Conditions for Processing Sensitive Data (Schedule 3 of the
Act)...
"The Secretary of State may by order specify cases where this
condition is either excluded altogether or only satisfied upon the
satisfaction of further conditions.
The processing is necessary for medical purposes (including the
purposes of preventative medicine, medical diagnosis, medical
research, the provision of care and treatment and the management of
healthcare services) and is undertaken by:-
a) a health professional (as defined in the Act), or
b) a person who owes a duty of confidentiality which is equivalent to
that which would arise if that person were a health professional."
---------------------------------------------------
Does this mean the GP should have given us access as the
person(s) processing the data would fall in either (a) or (b) above
and it the reason for the study is also one of those mentioned.
Is the Practice too cautious or correct?
If the NHS/Practice's interpretation of the Act is correct then there
are serious implications for Medical Research:
- It is unethical to build up patients' hopes for treatment when
there is a likelyhood they may not be even selected for it.
- GP Practices - given all the other pressures they have - may not
want to participate at all.
I intend to write to the Registrar to see what is the guidance (if
any) but I would appreciate any comments that may give me a fuller
picture.
Regards
Charles
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Charles Christacopoulos, Secretary's Office, University of Dundee,
Dundee DD1 4HN, (Scotland) United Kingdom.
Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
WebDad of http://somis.ais.dundee.ac.uk/
Home of the Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
Happily using OS2 Warp.
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