I can certainly see that the information was provided in circumstances imparting a duty of confidentiality, and that the information has the necessary quality of confidence. The bit I'm struggling with is the concept that using the information for the provision of care is a breach of confidence. My understanding is that it's not that consent is required to process confidential information, is that the information cannot be disclosed without consent/public interest/legal duty. Or am I wrong?
I guess it then comes down to what constitutes a disclosure. Does the duty of confidentiality confine the information to the single individual to whom it was originally imparted? If that's the case, then passing it onto colleagues who are a part of the care giving process would be a disclosure, and consent would be the most likely circumstance in which to justify that disclosure. Is that how it works? I've never worked in health, so have never had to deal with that kind of situation.
Thanks,
Peter
Peter Dinsdale
Data Protection Consultant
Perfect Image /
T: 0191 238 0111
www.perfect-image.co.uk
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-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of Phil Bradshaw
Sent: 09 August 2018 10:26
To: [log in to unmask]
Subject: Re: [data-protection] Misuse of private information by public authorities? (Friday question?)
As Donald suggests we need a virtual Chinese wall between GDPR and confidentiality.
Bottom line is we DO need consent to process confidential data for social work unless there is a basis to override. That consent can however be implied from the consensual engagement in the process. If the client actually objects to the keeping and use of data then the service cannot be provided.
You can easily adapt the following example which I use in training (summarised so not 100% accurate).
I go to my GP with an embarrassing condition. I ask him not to make a record of it but just advise me as my next door neighbour is his receptionist.
With appropriate explanations he should decline. He must keep a record if he is to advise /treat me. Statutory duty. He cannot keep a record if I object on confidentiality grounds - no basis to override confidentiality. If he cannot persuade me then he cannot treat / advise me. If I say nothing he does not need to ASK for my consent to keep a record for confidentiality purposes - that is implied from my seeking treatment.
If it's a notifiable disease all bets are off - his duties are sufficient to override confidentiality.
In all the above this is nothing to do with GDPR legal basis which is never consent.
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