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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





Durham City of Culture - Back the Bid: register at www.durham.gov.uk.



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