Hi All,
Just to add to this discussion, the specific section discussed is just a lift from the Data Protection (Subject Access Modification) (Health) Order 2000 (http://www.legislation.gov.uk/uksi/2000/413/article/5/made) Section 5 (3) and 5 (4), so it isn’t anything new to consider.
I think the principle is more around meeting subject's confidentiality wishes, where there has been an expressed wish not to share specific information (for example an elderly parent not wanting their children to find out about a historical adoption; or in the Gillick case of a child seeking contraception).
Kind regards,
Adam Rezazadeh
Information Governance Manager
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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: 16 September 2019 16:03
To: [log in to unmask]
Subject: [data-protection] Data subject’s expectations and wishes
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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