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Here's one for contemplation!

If an art therapist stores pictures on disc and is able to take off any
names which may have been written on the picture and stores that picture
with an identiy number which relates to a mental health/learning disabled
patient, what are the data protection issues.

My initial thought was the picture may be exempt (Section 32) as it could be
classed as artistic material, however, this picture would then be held as
part of the patient's medical record.  Does it then become sensitive
personal information?

There could also be a problem with consent as the patient may not fully
comprehend the purposes for which the picture was being processed.

Any thoughts?

Alison Morton
Data Protection Officer
4 Barns Park
AYR  KA7 2AJ

Tel:    01292 513722
Fax:    01292 513725

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