Regarding privacy
I am currently looking at the confidentiality and privacy issues for
University and College students who have a disability and will be making
recommendations to students through a brochure on "disclosing mental health
status". I am glad you mentioned the idea of signing consent forms. I
haven't come across anyone having to sign a consent forms but my
recommendations will certainly be to ONLY sign a consent to disclose for
the sole purpose of accessing academic support and to make sure that the
consent form outlines its boundaries and is very clear about how it will be
used. There are some fundamental breaches of the Privacy Act going on in
some places. I will be examining various University policies on such
matters but trust they will be similar in that consent must be obtained
before any disclosure of private information is provided to anyone except
where specific circumstances related to high imminent risk of harm or death
may occur. I will be speaking to clinical supervisors of Occupational
Therapy next week on the rather complex issue of disclosure and privacy
statutes as it relates to health science students on clinical or fieldwork
experience - that is, whether supervisors have a right to know such
information given their (and the University's) duty of care. I don't think
they are going to like what they are going to hear. Well at the least will
see it as a challenge.
At 08:02 AM 8/06/2001 +1000, you wrote:
>data protection and disabled people
>
>I am grateful for thoughtful comments made on the list as well as off the
>list on a message forwarded to the list. Data protection list is an
>academic and professional list mainly composed of the data protection
>officers of universities and other public bodies. There have been a wide
>range of changes in the legislation as well as practice in recent years and
> I had thought it would be helpful to have some exposure to these issues.
>There are also other related legislation such as the Human Rights Act
>(1998) (which incorporates the European Convention on Human Rights,
>especially the right to privacy in this context) and the Freedom of
>Information Act (2000)(which aims to provide access for people to the
>information held by others such as the public bodies). (All these
>legislation are the UK legislation as a note for the international members
>of the list).
>
>These three sets of legislation may prove to be helpful for disabled people
>to have some degree of protection of intrusion to their privacy. The main
>target of these legislation is the public bodies such as the Police, the
>governmental agencies, universities, etc. After a disabled person gives a
>consent (informed or uninformed) he/she may have no control over how this
>information or private materials such as photos would be used. This
>legislation may offer indeed some protection at the least at the theoretical
>level. Hope this helps in clarifying the rationale in forwarding a message
>from another list on data protection issues as relate to disabled people.
>
>Ozcan Konur
>City University
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>
>
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