Sara
We basically deal with Occ Health requests in the same way as Samantha describes.
Nic Drew
DPO
Cardiff and vale NHS Trust
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Samantha Hill
Sent: 24 June 2009 08:42
To: [log in to unmask]
Subject: Re: is a data protection officer a third party?
Sara
I also deal with SARs for our university and do not consider myself to be a third party. Occ Health and I work for the same employer and they would let me see the files.
However, we have come to an agreement that given the nature of the contents of the file, Occ Health will deal with the disclosure. I can trust my Occ Health practitioners to deal with the request (in fact, they generally let me know when they have shown the data subject the info they want) and they do so within the time limits. Much of the reasoning for this is that the Occ Health practitioners prefer to show the data subject their file in the first place and want to be able to explain anything in the records to the data subject as they are going through it. After that, the data subject can have a copy of the file but they will understand any comments, medical descriptions etc. We have had one case where someone wanted the file without the discussion session and it was provided straight from Occ Health but I have to say, my Occ Health colleagues are very good on data protection and always check a situation with me before disclosing anything.
On a personal basis, I understand there is much in an Occ Health file that is very personal and I think it would be intrusive on my behalf to go through the file. I am not sure that when an individual requests their records they initially understand that the person they send the request to will actually need to look at what is in the file to make sure it can be disclosed. When I explain this, they are generally happy to deal with Occ Health directly and then I do not need to know anything about them that they would not otherwise be telling me.
Your Occ Health may be being a little precious but there may be some underlying reason for it.
Samantha Hill
Complaints & Information Disclosure Officer University of Portsmouth
Tel: 02392 843642
>>> "Stock, Sara" <[log in to unmask]> 23/06/2009 15:05 >>>
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