As health data comes under the category of sensitive personal data, 2
conditions must be fulfilled, 1 from schedule 2 & 1 from schedule 3. It is
not sufficient to process solely on the grounds of medical purposes. Consent
may therefore be required as a second condition.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of
[log in to unmask]
Sent: 27 March 2002 23:08
To: [log in to unmask]
Subject: Re: Data Protection Inhibiting Health Research
Quite honestly, I have never seen why the DPA comes into it as Schedule 3
states that health data can be processed (without the need for explicit
consent if):
8. - (1) The processing is necessary for medical purposes and is
undertaken
by-
(a) a health professional, or
(b) a person who in the circumstances owes a duty of confidentiality
which is
equivalent to that which would arise if that person were a health
professional.
(2) In this paragraph _medical purposes_ includes the purposes of
preventative medicine, medical diagnosis, medical research, the provision of
care and treatment and the management of healthcare services.
Of course this does not mean that the patient is uninformed about the
research purpose (i.e. there is no exemption from fairness) - it means that
the research, at the end of the day, can proceed without consent.
Finally, the Health and Social Care Act 2001 provides powers of the
Secretary
of State to enact secondary legislation which permits research to occur -
there again without consent. One thus assumes that the researcher mentioned
in the article wants to do research which does not have approval of the
Secretary of State.
C
-----Original Message-----
From: [log in to unmask]
Sent: 27 March 2002 17:46
To: [log in to unmask]
Subject: Data Protection Inhibiting Health Research
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List members may be interested in this item from the Butterworths website
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Rosemary Pattenden
Professor Rosemary Pattenden
School of Law
University of East Anglia
Norwich NR4 7TJ
United Kingdom
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