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DATA-PROTECTION  January 2010

DATA-PROTECTION January 2010

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Subject:

Re: Third party permission to disclose

From:

Paula Tighe <[log in to unmask]>

Reply-To:

Paula Tighe <[log in to unmask]>

Date:

Mon, 25 Jan 2010 10:43:39 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (292 lines)

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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