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DATA-PROTECTION  January 2010

DATA-PROTECTION January 2010

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Subject:

Re: Third party permission to disclose

From:

"Bailey, Trish" <[log in to unmask]>

Reply-To:

Bailey, Trish

Date:

Mon, 25 Jan 2010 12:58:34 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (462 lines)

Yes you are quite right, all for and against disclosure
Jonathan

Yes you are quite right, all for and against disclosure "arguments" have to be carefully addressed (and all stakeholders consulted including legal). In my case there was strong evidence/background for withholding that we are confident meets this criteria which is why I ruled non-disclosure, for obvious reasons I cannot share those on a forum.

Many thanks
Trish
Trish-louise Bailey
Information Governance (IG)
(Data Protection & Privacy, Freedom of Information, Information Security, Information Sharing & Confidentiality, Information Quality & Assurance, Records & Information Management)
Telford & Wrekin Council
Civic Offices, PO Box 59
Telford, TF3 4WZ
(for Satellite Navigation purposes when visiting Civic Offices please use the postcode TF3 4HD)

www.telford.gov.uk

em:   [log in to unmask] or [log in to unmask]
tel:    01952 382535
mb:   07528 969455


-----Original Message-----
From: Baines, Jonathan [mailto:[log in to unmask]]
Sent: 25 January 2010 11:39
To: Bailey, Trish; [log in to unmask]
Subject: RE: [data-protection] Third party permission to disclose

Hi Trish/Paula

As you'll be aware to use that Order you have to jump a pretty big hurdle: it
creates an exemption to an SAR if disclosure would be "likely to prejudice
the carrying out of social work by reason of the fact that serious harm to
the physical or mental health or condition of the data subject or any other
person would be likely to be caused". Read closely that is a very restricted
power.

As a general principle I see no reason why a data subject should not be given
access to inter-agency metting minutes, and the participants of such meetings
should inform themselves (or be informed by the chairman) that future
disclosure may occur.

best wishes
Jonathan

Jonathan Baines
Complaints Officer
Legal and Democratic Services
Buckinghamshire County Council
tel: 01296 383681
fax: 01296 382421


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bailey, Trish
Sent: 25 January 2010 11:25
To: [log in to unmask]
Subject: Re: [data-protection] Third party permission to disclose

If it is about social care and the information is contained i Hi

If it is about social care and the information is contained in a social care
case file then you could use the s37 misc exemptions statue "the data
protection (subject access modification) (Social Work) Order 2000 (SI
2000/415)..

This is just an example (and one I have had to use recently to prevent
disclosure under DPA of a whole file) but there are a whole raft of other SI
that fall under this section from education to mental health.

Hope this helps

Many thanks
Trish
Trish-louise Bailey
Information Governance (IG)
(Data Protection & Privacy, Freedom of Information, Information Security,
Information Sharing & Confidentiality, Information Quality & Assurance,
Records & Information Management) Telford & Wrekin Council Civic Offices, PO
Box 59 Telford, TF3 4WZ (for Satellite Navigation purposes when visiting
Civic Offices please use the postcode TF3 4HD)

www.telford.gov.uk

em:   [log in to unmask] or [log in to unmask]
tel:    01952 382535
mb:   07528 969455


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paula Tighe
Sent: 25 January 2010 10:44
To: [log in to unmask]
Subject: Re: Third party permission to disclose

Hello

I agree with both views, and agree this is a continuing gray area of
intermediation. I would like to pose an additional question which
follows the author's question:

We all experience and take part in inter-agency information sharing
meetings, for example agencies conferences arranged to discuss a adult
or child if they are deemed vulnerable and where the lead (usually
either the health or social work LA) generates the min's and then each
carry out their respective task and feedback (writing/e-mail) the
outcome of their tasks.

I have a case where the LA has requested I do not disclose their
minutes/letters/file notes generated as a interagency intervention but
when asked part of the Act they wanted to apply to that objective they
could not find one. The information is data, is personal and sensitive
personal data and the data subject received a verbal update from the LA
but again as they have put in a SAR I am now in a dilemma on whether an
exemption applies or not?

Has anyone experienced this and would like to share their view?

Regards

Paula Tighe
Data Protection Compliance Coordinator
Risk & Compliance Directorate
OGL Services (part of Orbit Group Ltd)
Email: [log in to unmask]
Tel: 024 7643 8312
Mobile: 07901510029

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lee Gardiner
Sent: 25 January 2010 09:07
To: [log in to unmask]
Subject: Re: [data-protection] Third party permission to disclose

Paul

Whenever I have sent a response to a SAR I have always taken a fairly
pragmatic view on 3rd party data.

For example I wouldn't redact details of third parties if the requestor
already knew the information (and I knew they knew), for example meeting
minutes where the requestor and A N Other 3rd party was in attendance.

If the requestor didn't know the information I might still disclose it
depending on the context and its relation to the rest of any information
being released.

I don't think you can make a hard and fast judgement, like so much of
DPA there are umpteen shades of grey and how you jump is based largely
on the individual circumstances of the request.

Lee

Lee Gardiner
Corporate Records Manager

NHS Wirral
St Catherines Hospital
Church Road
Birkenhead
Wirral
CH42 0LQ

T: 0151 651 0011 x1462
M: 07891 718879

[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 Paul Ticher
Sent: 22 January 2010 16:22
To: [log in to unmask]
Subject: Re: [data-protection] Third party permission to disclose

Not particularly a response to Lawrence's contribution, but a general
one:

I think the DPA prioritises disclosure of third party material over
non-disclosure. As I read it, s.7 (4) says (paraphrased) that if the
third
party has consented to the disclosure you *must* disclose. If they have
not
consented (perhaps because you couldn't ask them, or were confident that
you
could predict their response, or that there were no possible legitimate
objections) you *must* disclose if it is reasonable to do so. If they
have
expressly withheld consent you must tread carefully, but even in that
case
it may be reasonable to disclose without consent.

If I'm right, and the test of reasonableness trumps consent, then a lot
of
subject access dilemmas become a lot easier.

I'd be interested to know whether I'm out on a limb here, or whether
others
agree.

Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB


----- Original Message -----
From: "Lawrence Serewicz" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, January 22, 2010 4:05 PM
Subject: Re: Third party permission to disclose


Dear All,

I have been thinking about DP and Access to records legislation. What
about
a situation where someone wants to see a file note created on their
account.
I will give two different scenarios. The first is social care, the
second is
benefits.

In the first, someone calls social services and expresses concern to the

care worker about a relative. They say that they are worried about how
the
relative's partner is treating them and concerned about that they are
being
cut off from their relatives. The phone call is noted and then entered
on
the social care file. Social worker visits the client. Client is told
that
someone has called expressing concern about her. The Client then becomes

upset because she believes her family (or someone) is meddling and
making
slanderous or libelous allegations about the partner and asks to see a
copy
of the file note to seek legal action on the allegations.

The second is a couple split up and the husband moves out. However, he
leaves no forwarding address and they remain joint owners of the home.
Council tax comes due and the wife calls the council and explains that
the
husband moved on on x date so council tax should be reduced or he should
be
pursued for his half. File note is duly created noting the date husband

vacated home. Husband is then pursued for his share. He seeks copy of
file
note wanting to know what it says and when it was entered. The content
is
simply that the wife informed the council that he left the home on the
date
nothing more.


Both have DP implications. In the first, I could see redacting the 3rd
party information and still supplying the information i.e. enough so
that
they cannot identify the source. In the second, the 3rd party is known
i.e.
the wife so I cannot redact that in any way that the applicant would not

know the wife submitted the material. For example, we have a note on
your
account showing you moved out on x date. What? Who told you that? I
want to
see the file note.

In the first I could proceed, but in the second would I be better using
s.7(6)(a)? Or have I over analyzed the second and it is something that
would
be routinely disclosable in any circumstance?

Any guidance would be appreciated.

Thanks

Lawrence


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