I seem to recall a _requirement_ to obtain the views of any medical
practitioner who had provided any data, about any subject access disclosure,
so they may have opportunity to ensure no data which may damage a patient is
disclosed. Is that not still a requirement?
Hilary.Lawrenson on 04 August 2006 at 13:00 said:-
> The only agency I refer the applicant on to is the
> police.
It is my impression that if you hold the data as a controller you are
responsible for it and hence should be disclosing/claiming any exemption
rather than referring on. If challenged I suspect any finding will be
against the controller rather than the police.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> [log in to unmask]
> Sent: 04 August 2006 13:00
> To: [log in to unmask]
> Subject: Re: Subject Access Request - Social Work Files
>
>
> 2) If I have information in a file from other agencies I
> always talk
> to them and get their written consent and comments before I
> disclose. Some
> information, eg reports from psychologists, can be very specific to a
> particular time or aspect of behaviour and the writer will
> often want to
> include a comment to explain how they should be interpreted
> at a later
> date.
>
> In contacting the agencies I often find that a request has
> been made to
> them too anyway. The only agency I refer the applicant on to is the
> police.
>
> Hilary
>
> Hilary Lawrenson, Data Protection Officer
> National Probation Service - South Yorkshire
> Head Office
> 45 Division Street
> Sheffield, S1 4GE
>
> Tel 0114 276 6911
> Fax 0114 276 1967
>
>
>
> RONAN DURNIN <[log in to unmask]>
> Sent by: This list is for those interested in Data Protection issues
> <[log in to unmask]>
> 04/08/2006 11:56
> Please respond to
> RONAN DURNIN <[log in to unmask]>
>
>
> To
> [log in to unmask]
> cc
>
> Subject
> [data-protection] Subject Access Request - Social Work Files
>
>
>
>
>
>
> Dear list members,
>
> I was wondering what experience people have in dealing with
> requests made to a social work agency.
>
> I have before me a subject access request from the mother of
> a child how received services from us.
>
> I'm working through the request, but I'd like your thoughts
> on 2 issues:
>
> (1) Competence of the child with regard to consent - The
> child is
> certainly not old enough to give (or understand) consent. I
> am of the opinion that we can't not automatically release the
> child's information to the parent.
> (2) For those of you who have encountered social
> work files -
> There
> are many different social care providers who have contributed
> all sorts of reports and meeting minutes etc. We generate our
> own information. We also hold copies of information generated
> by other agencies. Should I direct the parent to these other
> agencies for this information, or can I disclose said
> information? My instinct is that we need consent from other
> agencies to release, and given the sensitivity of the
> information there would certainly be concerns of harm or risk
> to persons identifiable from those documents.
>
> Thanks,
>
> Ronan.
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