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Jane Absolutely fine to use, if they’re from 1851! The old 100 year rule is gone, remaining as a 100 year rule of thumb ‘representing life span’. The record is well over 100 years old, so the patients are dead. Also, any immediate personal representatives of the estate and legal interests are also dead, so they can not take action over disclosure of special category data which continues to be protected for a while after death. Also, might, I say – these are only watercolours? So an interpretation of what the patients looked like, rather than a photograph. But otherwise it does link names with conditions. Hope that helps. [cid:image001.png@01D659B3.152BD320]<https://www.hertfordshire.gov.uk/home.aspx> Gary Moyle Archivist| Heritage Services| Resources Hertfordshire County Council County Hall, Pegs Lane, Hertford, SG13 8EJ, Postal Point: CHR002 T: 0300 123 4049 (Internal:25102) E: [log in to unmask]<mailto:[log in to unmask]> Working hours Tues-Fri [Hertfordshire County Council Facebook]<https://www.facebook.com/hertscountycouncil/>[Hertfordshire County Council Twitter]<http://www.twitter.com/hertsarchives>[Hertfordshire County Council email updates]<https://www.hertfordshire.gov.uk/statweb/webteam/updateme/> [test accred logo] Hertfordshire Archives and Local Studies Opening hours: Sun & Mon Closed Tues 9am-5pm (until 7.30pm first Tuesday of the month by appointment) Weds & Thurs 9am-5pm Fri 9am-12.30pm Saturday Closed (open 10am-2pm first and third Saturday of the month) www.hertfordshire.gov.uk/hals<http://www.hertfordshire.gov.uk/hals> From: Archivists, conservators and records managers. <[log in to unmask]> On Behalf Of Jane Wickenden Sent: 13 July 2020 16:54 To: [log in to unmask] Subject: Fwd: Names and ethics Thanks to Jane Stevenson for posting that very interesting and readable piece. I have a medical records/ethics problem of my own at the moment, and could very much use some guidance. It concerns a collection of watercolours of patient symptoms originating from a convict hospital hulk in Bermuda in 1851. Patients are identified by name and age. Some can't be recognised facially (paintings of limbs or body areas with no face), some have their faces depicted (impossible to tell how good the likeness is). Someone has expressed an interest in displaying an image of one of the paintings on a website. I have been given, by two different people, two different lengths of time at which medical privacy in data protection comes into play: 100 years since the event, or 125 years since the assumed death of the patient. Can anyone direct me to chapter and verse on what the legislation is? I shall be most grateful. The person saying 125 years is most insistent, but I can't find that limit anywhere else. Best wishes, Jane Wickenden [https://ipmcdn.avast.com/images/icons/icon-envelope-tick-green-avg-v1.png]<http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail> Virus-free. www.avg.com<http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail> On Mon, 13 Jul 2020 at 09:56, Jane Stevenson <[log in to unmask]<mailto:[log in to unmask]>> wrote: Hi all, I've been thinking a bit about issues with a linked data approach to names and questions of ethics and privacy. Lots of challenging issues. Blog on this at: https://blog.archiveshub.jisc.ac.uk/2020/07/09/names-4-ethics-and-identity/ Comments appreciated. best wishes, Jane Jane Stevenson [log in to unmask]<mailto:[log in to unmask]> Web: archiveshub.jisc.ac.uk<http://archiveshub.jisc.ac.uk> Twitter: @archiveshub Facebook: jiscarchiveshub Jisc is a registered charity (number 1149740) and a company limited by guarantee which is registered in England under company number. 05747339, VAT number GB 197 0632 86. Jisc’s registered office is: 4 Portwall Lane, Bristol, BS1 6NB. T 0203 697 5800. Jisc Services Limited is a wholly owned Jisc subsidiary and a company limited by guarantee which is registered in England under company number 02881024, VAT number GB 197 0632 86. The registered office is: 4 Portwall Lane, Bristol, BS1 6NB. T 0203 697 5800. Jisc Commercial Limited is a wholly owned Jisc subsidiary and a company limited by shares which is registered in England under company number 09316933, VAT number GB 197 0632 86. 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