You may want to take into account SI 2000 No. 417, The Data Protection
(Processing of Sensitive Personal Data) Order. Para 4 of the Schedule
permits the processing of sensitive data where:
a) it is in the substantial public interest; and
b) it is necessary for the provision of a confidential counselling, advice,
support or any other service; and
c) it is carried out without explicit consent because:
(i) consent cannot be given by the data subject; or
(ii) the data controller cannot reasonably be expected to obtain explicit
consent; or
(iii) processing must be carried out without consent being sought so as not
to prejudice the provision of the service. [I have edited the text of the
Order.]
This means that in many cases where you are processing sensitive data in
connection with a confidential service of any kind you may not need consent.
I suggest that it may be particularly appropriate where 'consent' would not
be meaningful because of the age, mental capacity or emotional state of the
data subject.
Note, however, that as usual the processing must be *necessary* for the
purpose. Producing the artwork and storing it in a manual case file is one
thing. Is it then necessary to put it into an automated system? - only if
that is an integral part of carrying out the primary purpose, in my view.
I'm sure other people can see other issues in this, too, such as whether the
original artwork is personal data at all.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: Morton, Alison <[log in to unmask]>
To: <[log in to unmask]>
Sent: 06 June 2001 12:21
Subject: LEARNING DISABILITY SERVICE - ART THERAPY
> 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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> independent primary care contractors.
>
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