It's not levels, it's types of LPA. There is one for financial affairs, under which the attorney can act alongside the donor, while the donor still has some capacity. (So, for example, I managed my father's bank account and made sure his bills got paid, while he still had a card for taking cash out and buying his groceries.) The other, for health and welfare, can only come into effect once the donor has been confirmed (in my case by the relevant social worker) as no longer having the capacity to make their own decisions and the attorney can then make decisions on where the donor lives, on medical treatment, etc, subject to any restrictions in the LPA and always, of course, in the best interests of the donor and in line with their likely preferences as far as possible.
A possible source of
confusion in the case under discussion seems to be that the data
is required under a financial LPA, but the data itself relates
to health issues. If the attorney holds both types of LPA and
the donor has lost capacity, I would tentatively suggest that
there should be no problem in providing the information to the
attorney since they are, in effect, acting as though they are
the donor. If they don't hold both types, or if the donor still
has capacity over health and welfare the attorney would have to
be treated as a third party in respect of the disclosure of
health data. Probably.
[log in to unmask]">Just a quick thought on this but as I understand it there are two 'levels' of LPA. One where the 'power of attorney' is able to act straight away for the 'donor/grantor', the other level is where the ''power of attorney' can only act for the 'donor/grantor' once they have lost 'capacity.
So there could be a couple of reasons1) The LPA has willingly been granted2) The data subject no longer has capacity to act for themsleves.
RegardsSteve
On Monday, 16 September 2019, 16:04:01 BST, Phil Bradshaw <[log in to unmask]> wrote:
Under schedule 3 para 4 DPA 2018 personal data cannot be provided in response to a SAR brought by a parent or court appointed deputy if it would be contrary to data subject’s expectations and wishes as defined in para 4.
Can anyone think of a logical reason why this has not been not similarly applied to someone acting under a lasting Power of Attorney to make an SAR ?
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