This is information which concerns the health of the other child and I would
have thought it could be released under Schedule 3 3(b) of the DPA (1998):
'The processing [which includes disclosure] is necessary - in order to
protect the vital interests of another person, in a case where consent by or
on behalf of the data subject has been unreasonably withheld.'
And Schedule 3 8(1 and 2) covers processing for medical purposes.
Personally I'd get physical if someone didn't tell me something that
concerns the health of my son - whether or not it is currently terminal I'd
want the opportunity to research into it for myself in case there was a
breakthrough somewhere in the world!
Jo Archer
----- Original Message -----
From: Smith, Tony <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, May 26, 2004 11:33 AM
Subject: Re: [data-protection] Terminal genetic illness
It has been reported that the Court of Appeal ruled yesterday that the
father of a four-year-old who is terminally ill should not be told about the
illness. The facts of the case were that the mother feared the father, who
had a history of violence drug taking and criminality. In this case the
mother had a new husband, who had parental responsibility.
Tony
-----Original Message-----
From: ianwelton [mailto:[log in to unmask]]
Sent: 24 May 2004 20:26
To: [log in to unmask]
Subject: Re: Terminal genetic illness
I have been advised off-list that:-
"The GMC have recently issued guidance to doctors, which probably covers
this situation. It will be available through their website, www.gmc-uk.org.
The guidance is in two parts, "Confidentiality: Protecting and Providing
Information" and a supplement of FAQ's"
The relevant document appears to be :
http://www.gmc-uk.org/standards/guidance.htm
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of DREW Nic
> Sent: 24 May 2004 13:14
> To: [log in to unmask]
> Subject: Terminal genetic illness
>
>
> I would be grateful for advice on the following (posted on
> behalf of an NHS colleague)
>
>
>
> A couples child has been diagnosed with a terminal genetic
> illness, which has comes from the father. The father also has
> another child by another woman. The GP practice feel that the
> other woman should be advised of the situation so that the
> child can be examined to see if it too has the same genetic
> disorder. The GP practice know the name of the mother but not
> the address or her GP only what area she roughly lives in.
> What are peoples thoughts on looking up the info & passing
> onto the practice.
>
>
>
> Nic
>
>
>
>
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