[log in to unmask] on 10 November 2001 07:47 said:-
> She was interviewed and told that she was required as
part of her contract to > tell them the nature of the
operation.........an abortion.......
This would seem to be contrary to the spirit of
principle one, within the terms of schedule 2 and 3,
but not caught by the protective clause of section 57.
Schedule 3 paragraph 2 appears in effect to be being
interpreted as if other laws (SSP provisions/contracts)
give a general right to that health information. Do
they? And if they do, should they? I personally think
not.
Ian W.
-----Original Message-----
Wrom: GYOKSTTZRCLBDXRQBGJSNBOHMKHJYFMYXOEAIJJPHS
Protection issues
[mailto:[log in to unmask]]On Behalf Of
[log in to unmask]
Sent: 10 November 2001 07:47
To: [log in to unmask]
Subject: Re: medical information recorded by personnel
sections
In a message dated 10/11/2001 01:52:02 GMT Standard
Time,
[log in to unmask] writes:
<< I used the term 'Informed consent' due to the
defintion the OIC used in
Section 1.6 of their Intro to DPA 98 (now replaced with
the new Legal
Guide) - any freely given specific and informed
indication of his wishes by
which the data subject signifies his agreement to
personal data relating to
him being processed. Must check the new Legal guide to
see if text changed
here. >>
-------
Dave
The word "informed" is the important bit here, in my
opinion. If the
personnel dept just asked for reasons for absence,
without explaining the
purposes, uses, disclosures, the consent would not
be "informed".
An example I came across recently was an absence form
that staff are required
to complete on their return from illness. The form
states that it is not
enough to put "feeling unwell or sick." A woman put
down that she was
"recovering from an operation" with no further
details. She was interviewed
and told that she was required as part of her contract
to tell them the
nature of the operation.
She needed her job so she eventually let them know
she'd had an abortion.
The details were then added to her file which could be
seen by all personnel
staff, not just those who were involved in staff
welfare. She also received
a call about the issue from Occy Health, an external
organisation under
contract.
There is no wonder, looking at cases like this, that
explicit consent is
needed after each and every illness, not just at the
time of recruitment.
You certainly couldn't foresee this sort of thing when
you first sign your
contract!
Ian Buckland
MD
Keep IT Legal Ltd
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