Yes, if they are data subjects they need to be told. No, you don't need
consent, and therefore they can't withdraw their consent, so they can't ask
to be deleted. You would be processing under the sixth Schedule 2
Condition, and they would have a hard job claiming that their rights,
freedoms or legitimate interests were being infringed if they did regard
themselves as the next of kin, and if you had a legitimate reason for
keeping next of kin details. If they didn't want to be named as next of
kin, that would be a good reason to suggest that your primary data subject
nominates someone else instead.
I don't find this self-contradictory.
Anyway, are they data subjects? If you have a paper file with the name Jo
Bloggs on it, there is no obvious way to tell that it contains details on
her sister Jane Green, is there?
But because you want to be sure the person really is appropriate, you should
in any case ensure that the 'secondary' data subject knows you have their
data. The question is, do you tell them yourself, or do you instruct the
primary data subject only to write down as next of kin the details of people
who know their names are being given? I think this one can only be answered
in each particular set of circumstances.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: Trent,Tim <[log in to unmask]>
To: <[log in to unmask]>
Sent: 04 September 2001 12:07
Subject: Re: Next-of-kin info - consent?
> To me it is clear that the next of kin is a data subject in their own
right,
> and thus must be made aware of the purpose for which their data is held.
It
> is interesting if they then ask to be deleted though.
>
> Yet another anomalous element in the drafting of this set of self
> contradictory mumbo jumbo.
>
> -----Original Message-----
> From: Stuart Cashmore [mailto:[log in to unmask]]
> Sent: 04 September 2001 11:13
> To: [log in to unmask]
> Subject: Next-of-kin info - consent?
>
>
> I would welcome the views of the group on an interesting question that has
> been raised - especially as I'm still awaiting a reply from the
> Commissioner.
>
> I have been asked if there is a DP issue with respect to holding
next-of-kin
> data on an individual's record. Clearly this is personal data (name,
address
> and/or phone number), but is it held without obtaining the consent of that
> individual.
>
> The question was originally posed in the context of a hospital record but
> clearly applies in other situations, eg. my own company's personnel
records
> hold "Emergency Contact" details.
>
>
> Stuart Cashmore
> Data Security Manager
> McKessonHBOC (UK), No. 1 Nine Elms Lane, LONDON SW8 5RR
>
> Tel. 020-7819 5083 (with Voicemail)
> Mob. 07799-790019
> Fax. 020-7819 5100
> e-mail [log in to unmask]
> <mailto:[log in to unmask]>
>
>
>
>
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