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I think it might depend on the context of that item of data.  If, as would be most common, it was recorded as part of that person’s medical records, then it would be regarded as part of that record and fall under the DPA definition.  The NHS would regard it as such.

 

If it was recorded in another context, e.g.  “Dear diary, this is how I spent my day”, then I would see an argument that it was not sensitive in DPA terms.

 

Care to share the context with us?

 

Regards

 

Jim Whitaker

 

Information Governance Manager

Manchester PCT (but posted in a personal capacity)

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: Friday, October 02, 2009 4:59 PM
To: [log in to unmask]
Subject: Re: [data-protection] Sensitive personal data

GRAHAM Susan wrote: 

Hi everyone.  Do you think that the fact someone has visited a general
practitioner is itself sensitive personal data or are just the medical
details sensitive personal data?
 
Best wishes
 
Susan Graham
 

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