The Data Protection Act repealed most of the Access to Health Records
Act.
Here is the reference:
http://www.opsi.gov.uk/acts/acts1998/80029-ah.htm#sch16
In the section below, only (f) now remains in force.
Catherine Redfern
Modern Records Manager
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Margarita Rainford
> Sent: 10 June 2005 13:10
> To: [log in to unmask]
> Subject: Re: [data-protection] Disclosure or not?
>
>
> Access to Health Records Act 1990 says:
> (1) An application for access to a health record, or to any part of a
> health record, may be made to the holder of the record by any of the
> following, namely--
>
> (a) the patient;
>
> (b) a person authorised in writing to make the
> application on the
> patient's behalf;
>
> (c) where the record is held in England and Wales and
> the patient
> is a child, a person having parental responsibility for
> the patient;
>
> (d) where the record is held in Scotland and the patient is a
> pupil, a parent or guardian of the patient;
>
> (e) where the patient is incapable of managing his own affairs,
> any person appointed by a court to manage those affairs; and
>
> (f) where the patient has died, the patient's personal
> representative and any person who may have a claim
> arising out of
> the patient's death.
>
>
> NHS Guidance can be found at:
> http://www.dh.gov.uk/assetRoot/04/06/92/54/04069254.pdf
>
> There is also Caldicott to consider ( Caldicott
> Committee - Review
> of patient Identifiable Information December 1997).
>
> Margarita
>
>
>
> Tim Trent wrote:
>
> >"So, can you confirm that on the following dates, no-one by
> the name of
> >Tim Trent attended the hospital (lists ALL the dates in the
> calendar)"
> >
> >Methinks this to be invalid as an approach and a request
> that should be
> >returned to the originator as unsatisfactory. But I am not an FOI
> >expert at all. Nor, do I want to be, but I suppose I may have to
> >become one.
> >
> >A valid answer is "No"
> >
> >Suitably ambiguous. It means whatever "no" means in these
> >circumstances.
> >
> >If FOI means my hospital records are open to "you", then we have no
> >data protection, for this is also sensitive data.
> >
> >-----Original Message-----
> >From: This list is for those interested in Data Protection issues
> >[mailto:[log in to unmask]] On Behalf Of John Hughes
> >Sent: 10 June 2005 12:46
> >To: [log in to unmask]
> >Subject: [data-protection] FW: [data-protection] Disclosure or not?
> >
> >He might have asked in his FOI request: "Can you confirm
> that no one
> >by the name of Tim Trent attended your hospital on a
> particular date?"
> >Surely the question refers to a group of individuals and not one in
> >particular, therefore no personal data is being sought.
> >
> >
> >-----Original Message-----
> >From: Tim Trent [mailto:[log in to unmask]]
> >Sent: 10 June 2005 12:42
> >To: [log in to unmask]
> >Subject: Re: [data-protection] Disclosure or not?
> >
> >
> >Wait! Do you mean YOU can put in an FOI request and see MY hospital
> >appointment records?
> >
> >-----Original Message-----
> >From: This list is for those interested in Data Protection issues
> >[mailto:[log in to unmask]] On Behalf Of Hawley, Graeme
> >Sent: 10 June 2005 12:40
> >To: [log in to unmask]
> >Subject: Re: [data-protection] Disclosure or not?
> >
> >I like Margarita and Jethro's responses, and agree that this
> would be
> >far more ideal. However, if a request for information is made to a
> >public authority, then the FOIA / FOI(S)A requires them to provide a
> >response relating to the information that they hold about that
> >particular issue, and does not permit the authority to tell the
> >applicant to go ask elsewhere instead (even though I do
> think that that
> >would be a better course of action).
> >
> >Graeme Hawley
> >National Library of Scotland
> >
> >-----Original Message-----
> >From: This list is for those interested in Data Protection issues
> >[mailto:[log in to unmask]]On Behalf Of Jethro R Binks
> >Sent: 10 June 2005 12:35
> >To: [log in to unmask]
> >Subject: Re: [data-protection] Disclosure or not?
> >
> >
> >On Fri, 10 Jun 2005, Tim Trent wrote:
> >
> >
> >
> >>And that gives us the problem. Each argument holds water.
> And since
> >>each argument holds water there are grounds for a dispute. If the
> >>dispute is settled in favour of the employee it is likely to be a
> >>disclosure that has caused damage or distress.
> >>
> >>I am considering it to be very specific personal data. It gives
> >>details to the employer that the employee was allegedly not at an
> >>appointment with that place in that date. By giving them this data
> >>about their employee, despite the valid point that it is an
> "absence
> >>of data", they now have additional data about that employee.
> >>
> >>
> >
> >It seems to me the solution is rather simpler (or perhaps
> it's me who
> >is simple :).
> >
> >Why is the employer going behind their employees back on the matter?
> >Surely they should be discussing this with their employee,
> and asking them
> >to furnish proof if they suspect misbehaviour (while being
> cogniscent of
> >their employee's right to privacy)? Such proof might take
> the form of a
> >letter from the health authority that the employee himself asks to be
> >written on his behalf - suitably anonymised from features
> that may identify
> >a particular department or service attended (so not from the
> GUM clinic
> >specifically, for example). The letter can be checked by
> employee and
> >handed to his employer; the employer can then contact the
> health authority
> >to check the validity of the letter if necessary.
> >
> >This is perhaps a means of implementing your suggestion:
> >
> >
> >
> >>The best answer is surely "We require proof that you have
> the right to
> >>any information at all about this person and that they
> permit you to
> >>have that information before we will give you any
> information at all.
> >>You may not interpret this answer as giving you any
> information of any
> >>description about that person"
> >>
> >>
> >
> >Jethro.
> >
> >
> >
> >
> >>We are not interest here in any alleged deception by the
> employee. We
> >>should only be interested in protecting their rights. Even
> murderers
> >>have rights.
> >>
> >> _____
> >>
> >>From: Lewis, Chris G. [mailto:[log in to unmask]]
> >>Sent: 10 June 2005 12:18
> >>To: Tim Trent; [log in to unmask]
> >>Subject: RE: [data-protection] Disclosure or not?
> >>
> >>
> >>I disagree. I think were one to say, as suggested "no-one
> of that name
> >>had an appointment", you are not disclosing anything about any
> >>individual in isolation - "no-one called John Smith was
> here". I can't
> >>see that a John Smith could complain that that was an unauthorised
> >>disclsoure of their personal data. Firstly, I don't think it's
> >>personal data, and secondly, it would equally be known to a
> member of
> >>the public who sat in reception all day as it was to the hospital.
> >>
> >>-----Original Message-----
> >>From: This list is for those interested in Data Protection issues on
> >>behalf of Tim Trent
> >>Sent: Fri 10/06/2005 12:14
> >>To: [log in to unmask]
> >>Cc:
> >>Subject: Re: [data-protection] Disclosure or not?
> >>
> >>
> >>
> >>I would suggest that disclosing where "someone was not" is a
> >>disclosure of
> >>
> >>
> >
> >
> >
> >>personal data, and in this case to a third party without
> >>authorisation.
> >>
> >>What if this person were attending the GUM clinic for an
> HIV test and
> >>has absolutely NO desire for his employer (or alleged
> employer) to know?
> >>
> >>They have now also passed data to you, an unauthorised
> third party, of
> >>
> >>
> >their
> >
> >
> >>suspicions of their employee.
> >>
> >>My advice?
> >>
> >>Avoid. Do not answer without permission form the data subject.
> >>
> >>-----Original Message-----
> >>From: This list is for those interested in Data Protection issues
> >>[mailto:[log in to unmask]] On Behalf Of John Hughes
> >>Sent: 10 June 2005 12:09
> >>To: [log in to unmask]
> >>Subject: [data-protection] Disclosure or not?
> >>
> >>A question for you:
> >>
> >>I have been contacted by a company asking whether or not
> one of their
> >>employees had an appointment with us one recent Friday
> afternoon. They
> >>suspect that they have been handed a faked appointment
> letter by the
> >>employee as proof.
> >>
> >>If I replied by simply stating "no one of that name had an
> appointment
> >>
> >>
> >here
> >
> >
> >>on that date", would I be on safe ground? My rationale is that I am
> >>disclosing nothing as nothing actually took place.
> >>
> >>John Hughes
> >>DPO
> >>Mayday Healthcare NHS Trust
> >>
> >>
> >>
> >>
> >>
> >=============================================================
> ==========
> >====
> >
> >
> >>This e-mail and any files transmitted with it are
> confidential. If you
> >>are
> >>
> >>
> >
> >
> >
> >>not the intended recipient, any reading, printing, storage,
> disclosure
> >>to
> >>another person, copying or any other action taken in respect of this
> >>
> >>
> >e-mail
> >
> >
> >>is prohibited and may be unlawful. If you are not the intended
> >>recipient,
> >>please notify the sender immediately by using the reply
> function and then
> >>permanently delete the email from your inbox.
> >>
> >>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >> All archives of messages are stored permanently and are
> >> available to the world wide web community at large at
> >> http://www.jiscmail.ac.uk/lists/data-protection.html
> >> 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 : -
> >> http://www.jiscmail.ac.uk/help/commandref.htm
> >>Any queries about sending or receiving message please send
> to the list
> >>
> >>
> >owner
> >
> >
> >> [log in to unmask]
> >> (all commands go to [log in to unmask] not the list please)
> >> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >>
> >>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >> All archives of messages are stored permanently and are
> >> available to the world wide web community at large at
> >> http://www.jiscmail.ac.uk/lists/data-protection.html
> >> 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 : -
> >> http://www.jiscmail.ac.uk/help/commandref.htm
> >>Any queries about sending or receiving message please send
> to the list
> >>
> >>
> >owner
> >
> >
> >> [log in to unmask]
> >> (all commands go to [log in to unmask] not the list please)
> >> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >>
> >>
> >>^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >> All archives of messages are stored permanently and are
> >> available to the world wide web community at large at
> >> http://www.jiscmail.ac.uk/lists/data-protection.html
> >> 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 : -
> >> http://www.jiscmail.ac.uk/help/commandref.htm
> >>Any queries about sending or receiving message please send
> to the list
> >>
> >>
> >owner
> >
> >
> >> [log in to unmask]
> >> (all commands go to [log in to unmask] not the list please)
> >> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >>
> >>
> >>
> >
> >. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
> . . . . . .
> >. . Jethro R Binks Computing Officer, IT Services
> >University Of Strathclyde, Glasgow, UK
> >
> >^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > All archives of messages are stored permanently and are
> > available to the world wide web community at large at
> > http://www.jiscmail.ac.uk/lists/data-protection.html
> > 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 : -
> > http://www.jiscmail.ac.uk/help/commandref.htm
> >Any queries about sending or receiving message please send
> to the list owner
> > [log in to unmask]
> > (all commands go to [log in to unmask] not the list please)
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >
> >*************************************************************
> **********
> >*
> >Visit the National Library of Scotland online at www.nls.uk
> >*************************************************************
> ***********
> >This communication is intended for the addressee(s) only. If you
> >are not the intended recipient, please notify the ICT Helpdesk on
> >+44 131 623 3789 or [log in to unmask] and delete this e-mail. The
> >statements and opinions expressed in this message are those of the
> >author and do not necessarily reflect those of the National
> Library of
> >Scotland. This message is subject to the Data Protection
> Act 1998 and
> >Freedom of Information (Scotland) Act 2002 and has been scanned by
> >MessageLabs.
> >*************************************************************
> **********
> >*
> >
> >^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > All archives of messages are stored permanently and are
> > available to the world wide web community at large at
> > http://www.jiscmail.ac.uk/lists/data-protection.html
> > 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 : -
> > http://www.jiscmail.ac.uk/help/commandref.htm
> >Any queries about sending or receiving message please send
> to the list owner
> > [log in to unmask]
> > (all commands go to [log in to unmask] not the list please)
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >
> >^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > All archives of messages are stored permanently and are
> > available to the world wide web community at large at
> > http://www.jiscmail.ac.uk/lists/data-protection.html
> > 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 : -
> > http://www.jiscmail.ac.uk/help/commandref.htm
> >Any queries about sending or receiving message please send
> to the list owner
> > [log in to unmask]
> > (all commands go to [log in to unmask] not the list please)
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >
> >
> >=============================================================
> ==========
> >====
> >This e-mail and any files transmitted with it are
> confidential. If you are
> >not the intended recipient, any reading, printing, storage,
> disclosure to
> >another person, copying or any other action taken in respect
> of this e-mail
> >is prohibited and may be unlawful. If you are not the
> intended recipient,
> >please notify the sender immediately by using the reply
> function and then
> >permanently delete the email from your inbox.
> >
> >^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > All archives of messages are stored permanently and are
> > available to the world wide web community at large at
> > http://www.jiscmail.ac.uk/lists/data-protection.html
> > 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 : -
> > http://www.jiscmail.ac.uk/help/commandref.htm
> >Any queries about sending or receiving message please send
> to the list owner
> > [log in to unmask]
> > (all commands go to [log in to unmask] not the list please)
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >
> >^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > All archives of messages are stored permanently and are
> > available to the world wide web community at large at
> > http://www.jiscmail.ac.uk/lists/data-protection.html
> > 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 : -
> > http://www.jiscmail.ac.uk/help/commandref.htm
> >Any queries about sending or receiving message please send
> to the list owner
> > [log in to unmask]
> > (all commands go to [log in to unmask] not the list please)
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >
> >
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> 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 : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to
> the list owner
> [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
-----------------------------------------------------------------------------------------------------------------
The information contained in this message is confidential and is intended
for the addressee only. If you have received this message in error or there
are any problems please notify the originator immediately.
The unauthorised use, disclosure, copying or alteration of this message is
strictly forbidden. This mail and any attachments have been scanned for
viruses prior to leaving Barts & The London NHS Trust network. Barts &
The London NHS Trust will not be liable for direct, special, indirect or
consequential damages arising from alteration of the contents of this
message by a third party or as a result of any virus being passed on.
-----------------------------------------------------------------------------------------------------------------
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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 : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
