I disagree with this editorial as I think it is OTT
Ross Anderson has overlooked the fact that regulations allow the patient
information to be used and disclosed for a medical purpose which is limited;
RA implies that medical information can be used for any old thing - it cannot
- it has to be a medical purpose.
The real problem I see is that medical research is included in the definition
of medical purpose, so Ministers can enact secondary legislation which
facilitates medical research without the consent of the patient. However, if
the disclosure is required by law and becomes subject to the non-disclosure
provisions, and this means that there is no obligation to contact the patient
and tell him of the purpose.
What has happened, to put it crudely, is that medical researchers from going
to a position where they should get the consent of the patient, could be in a
position where they do not need to inform the patient.
This is what is wrong with the proposal.
Chris
-----Original Message-----
From: [log in to unmask]
Sent: 23 February 2001 13:55
To: [log in to unmask]
Subject: clause 67 of the Health and Social Care Bill
An interesting editorial in the current issue of the British Medical
Journal:
http://www.bmj.com/cgi/content/full/322/7284/442
Undermining data privacy in health information
Ross Anderson
The editorial asserts that Clause 67:
.... grants the secretary of state for health two sweeping new powers: (a) to
collect all personal health information in identifable form not just from
the NHS, but from the private sector too; and (b) to regulate (or even ban)
the use of personal health information by third parties...
Gil Richardson
Senior Information Manager
RCGP
email: [log in to unmask]
Website: www.rcgp.org.uk
Tel: 020 7581 3232 ext 231
Fax: 020 7584 1992
This email is confidential. It may not be disclosed to, or used by, anyone
other than the addressee. If you receive this message in error, please
advise the sender immediately.
This e-mail is confidential. It may not be disclosed to, or used by, anyone
other than the addressee. If you receive this message in error, please advise
the sender immediately.
This email has been scanned for viruses but we strongly recommend you set up
your own antivirus precautions.
College web site http://www.rcgp.org.uk/
JCPTGP web site http://www.jcptgp.org.uk/
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
******************** E-mail confidentiality notice ********************
This message is intended for the addressee only. It is private,
confidential and may be covered by legal professional privilege or
other legal or attorney/client privilege. If you have received this
message in error, please notify us and remove it from your system.
If you require assistance, please contact our London office
(telephone +44 (0) 20 7490 4000).
Masons is an international law firm with offices in London, Bristol,
Edinburgh, Glasgow, Leeds, Manchester, Brussels, Dublin, Hong Kong,
Guangzhou and Singapore.
Further information about the firm and a list of partners is
available for inspection at 30 Aylesbury Street, London EC1R OER
or from our Web site at www.masons.com
***********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
