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DATA-PROTECTION  July 2018

DATA-PROTECTION July 2018

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Subject:

Re: Health Records

From:

JESSICA PEMBROKE <[log in to unmask]>

Reply-To:

JESSICA PEMBROKE <[log in to unmask]>

Date:

Thu, 5 Jul 2018 10:50:11 +0000

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text/plain

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text/plain (1 lines)

Hello, 
 
In my previous role at a (none mental health) NHS Trust the cases were perhaps a diagnosis was only just confirmed (something serious like Cancer or Alzheimer's) and the patient had not yet been told due to waiting for final results or a date to meet with the Consultant to have a supported conversation about the impact of the diagnosis. In that case we'd rather they didn’t find out through a SAR and would perhaps see if we could hold the meeting any sooner than scheduled. 
 
Many Thanks 
Jess 
 
Jessica Pembroke 
Legal Advisor and Data Protection Officer 
Cheshire College - South & West 
Crewe Campus 
Dane Bank Avenue 
Crewe 
CW2 8AB 
 
Tel: 01270654604 
Mobile: 07825 403011 
Email: [log in to unmask] 
 
Please note: My working days are Tuesdays and Thursdays 
 
 
 
 
 
 
 
 
 
-----Original Message----- 
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw 
Sent: 02 July 2018 17:01 
To: [log in to unmask] 
Subject: [data-protection] Health Records 
 
Hi 
 
I know there are a number of health freaks on here but anyone else is welcome to contribute. 
 
Can anyone think of a practical example where the serious harm test might be used to withhold disclosure of health data under a SAR ( likely to cause serious harm to the physical or mental health of the data subject or another individual)? 
 
One of the professional bodies (BMA or GMC) gave the example of a subject applying for personal data which consisted of sexual abuse allegations made by a child - which may indeed qualify but for which the test is hardly necessary as it would fail the "Reasonable in all the circumstances" test for mixed data. 
 
Seems to me the test is largely a hangover from a bygone paternalistic era when doctors might withhold difficult diagnoses in the patient's interests and not want to let the cat out by the SAR back door. Current duties of candour make that scenario most unlikely and I have yet to find an occasion when the test has been applied in earnest. 
 
I have used the similar test often in social work cases but that is a very different beast and social work files are much more likely to have unmixed data about other people given in confidence. 
 
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