Phil,
Thanks for your response your example does illustrate the issue, but there is a wrinkle, which illustrates the belief in consent.
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.
The client says yes, please take a record. However, if you give it to the receptionist, then you are misusing my personal information because I have not consented to you, the GP, disclosing this information to the receptionist. Without my consent, you cannot process or use my personal information.
Therefore, because it is confidential information you must rely on consent as the lawful basis to use this information.
Now, I don’t agree with this line, but this is the challenge from an applicant that I am facing. They are insisting that because they gave social service confidential information they cannot use it without his consent. The argument is that we can use it under the lawful basis of public task A6 and social care A9. They disagree. They say that without consent you cannot use my confidential information. They argue that disclosure is the same as someone else using their data other than the person they gave the information to.
Best,
Lawrence
Lawrence Serewicz
Information and Records Manager
Transformation and Partnerships
Durham County Council
County Hall
Room 143-148 4th Floor
Durham
County Durham
DH1 5UF
Direct 03000 268 038
Switchboard 03000 26 0000
www.durham.gov.uk
Follow us on Twitter @durhamcouncil
Like us at facebook.com/durhamcouncil
Follow us on linkedin.com/company/durham-county-council
________________________________
Customer Notice
We have recently updated our terms and conditions for all our services, including making some important updates to our privacy notices. To find out more about how we collect, use, share and retain your personal data, visit: www.durham.gov.uk/dataprivacy<https://www.durham.gov.uk/dataprivacy>
Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.
________________________________
Customer Notice
We have recently updated our terms and conditions for all our services, including making some important updates to our privacy notices. To find out more about how we collect, use, share and retain your personal data, visit: www.durham.gov.uk/dataprivacy<https://www.durham.gov.uk/dataprivacy>
Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
