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
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Room 143-148 4th Floor
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County Durham
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