From Government Computing magazine "Data proposal prompts legal warning"
(25.8.06)
http://www.kablenet.com/kd.nsf/Frontpage/CF9AC49C8FE7049B802571D4005671E0?OpenDocument
"The government has been warned it could face legal problems over a proposal
to change the rules on data sharing
An expert on international law has said it could violate the European
Convention on Human Rights, and the Information Commissioner's Office (ICO)
has said there is already considerable scope for sharing under existing
legal conditions.
"This proposal, if implemented, would basically throw data protection in the
public sector out of the window," Douwe Korff, professor of international
law at London Metropolitan University, said on 24 August 2006.
The statements follow a report in The Guardian that the MISC31 committee,
which was set up to examine data sharing issues, has decided a change is
needed in the regulations for data sharing around government."
Within the NHS there is a requirement to ask permission of the patient for
information to be passed from one organisation to another.
Again in the NHS, there is a requirement for the information requested to be
relevant and not excessive (although there is also the idea of the
information following the patient and avoiding repeated collection of the
same information).
Nick Landau
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