I don't see anything unlawful in suggesting to the data subject that it weould be quicker and more sensible for him to approach the GP direct rather than having to go back and forth between the GP and the subject.

David Hirst
Head of Legal Services
University of Sunderland



Dean, Ian wrote:
[log in to unmask]" type="cite">
If you get a SAR and you have the information then you are obliged to
provide so long as it will not cause harm to the individual. The only
way this can be ascertained is by a  medically qualified person
assessing the information. this is normally done by going back to the GP
and asking if there is any reason why we cannot disclose the information
to the subject. 

Regards

Ian 

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of David Hirst
Sent: 27 May 2008 15:04
To: [log in to unmask]
Subject: Re: [data-protection] Health data scenario

Patients have a right under the DPA (and I think elsewhere) to see their
medical records but surely the best course of action would be to ask him
to obtain them from the original data holder, i.e. his GP.  I think this
would also be the most appropriate course of action in the case of a
report specifically prepared for the University by the GP.

Don't get embroiled in a tug of data between the GP and the student if
you can avoid it.

David Hirst
Head of Legal Services
University of Sunderland

Okey, Andrew wrote:

  
One for all you fellow HE types out there. Any comments/thoughts on the
    

  
following scenario gratefully received...

A student due to take exams here is affected by illness.

The student gave our support team permission to approach their GP for 
relevant medical details. This we did, obtaining the info direct from 
the GP.

Now the student has asked to see these records. What parts of which 
laws might apply? (I'm particularly concerned that there's probably 
specific legislation relating to medical/health records that has an 
influence beyond the terms of the DP act..)

Thanks in advance,

Andrew Okey
Administrative Officer
Student Registry
Lancaster University
[log in to unmask]
01524-592138 (internal ext: 92138)

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