In a message dated 28/09/2001 09:49:35 GMT Daylight Time,
[log in to unmask] writes:
<< We had a situation arise recently where a student's partner
contacted us to tell us that he was suffering from a serious medical problem
necessitating additional support at residential school. The student was
apparently unaware of the problem & the partner tried to isist that he must
not know of it or where the info about it came from. >>
----------
Gail
As this is undoubtedly sensitive personal data you would need to meet a
condition in Schedule 3 to be able to process it - hold it, use it, etc. -
and the only one that I feel would be appropriate would be the person has
given explicit consent.
If the information was from a qualified doctor who specifically stated that
harm could come to the individual if they were to be told of the condition,
there may be a case for "secrecy" but such missives from doctors are
extremely rare.
I would not think that "additional support" requirement would constitute
"vital interests" under para 3 of Sched 3.
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.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!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
