Whilst agreeing with you I have to point out that if a 'flag' is used on the
computer record of an individual to show they are on a Risk Register then in
disclosing the computerised record the organisation will be obliged to
explain what a particular code stands for.
So keep the Risk Register but don't 'flag ' the fact up on the individuals
personal file.
John Fowl
01992-411726
Hertford Regional College
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Stuart Lynch
Sent: 17 October 2002 12:00
To: [log in to unmask]
Subject: Re: Violent Warning Marker Systems
Doreen
The following is an extract from the Lancaster University DP Guidance
Project, which produced guidance for HE and FE institutions on DP. The
process of producing this work involved close consultation with OIC staff.
"Counselling Services may keep "risk registers" of various types, including:
• names of individuals who a counsellor believes may be at especial risk of
self-harm, and who will require careful management if seen on a drop-in
basis or if their counsellor has to cancel an appointment;
• names of individuals who may be violent, so that counsellors can check
before they arrange one-to-one meetings.
Access by counsellors to such "risk registers" should be available only on a
"need to know" basis.
** In the event of a subject access request a client should be informed
about their inclusion on a "risk register" unless it is believed that such a
disclosure would put the health & safety of the data subject, or third party
(including counsellors) at risk (Section 31(2)(e))."
Provided the decision whether or not to inform each data subject is dealt
with on a case by case basis, I can see no reason why similar considerations
should not apply to PVP registers. Section 31 of the Act allows an
exemption from the subject information provisions, ie most of the fair
processing code and subject access, where they "would be likely to prejudice
the proper discharge of those functions" (the functions listed in the
subsections).
Hope this helps
Stuart Lynch
Stuart Lynch Consulting
Training/Consultancy in
Privacy/Information Protection
Tel 01704 870365
Mob 07951 209419
mailto:[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Broom, Doreen
Sent: 16 October 2002 14:37
To: [log in to unmask]
Subject: FW: Violent Warning Marker Systems
Importance: High
Hi All
This is an e-mail I have sent to my colleague after speaking to the OIC. I
am about to send a letter to the OIC - so anyone out there who would like me
to include any specific issues let me know and I shall include it in my
letter and shall copy you all in on the response I receive.
Dor
> I have now spoken with the Office of the Information Commissioner. I
> have stated my views and that of other Councils and they are still of the
> view that an individual has a right to be informed and by not telling
> them, then this would be a breach of the Act. I then asked, in the case
> of a very violent person and there was a likelihood of him/her
> re-offending towards a member of staff and more so if he/she was told that
> they were on this list but we withheld informing them that they were on a
> marker system how would we stand legally? The lady informed me that the
> OIC would have to be called to consider the situation. I also pointed
> out the Health & Safety issues concerning staff and basically, who do we
> protect but she again pointed out that an individual has rights under the
> Data Protection Act too.
> I think under special circumstances there would be some leaway e.g. if
> there was a very serious threat to the well-being of staff.
> She asked that if I would like a full opinion on this I should write to
> her Office where they will consider all the scenarios and they will give
> me a detailed response. I shall do this Ian and before doing so, if you
> have any comments for inclusion in the letter please contact me.
> Doreen Broom
> Access to Information Officer
> [log in to unmask]
> Tel: 01835 826516 (Direct Line)
>
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