What is the legitimate interest of the data controller? They may be concerned about the fire risk and the safety of the individual but is that their responsibility?
In my opinion (which I accept may be wrong), assuming you are talking about a fire risk in the patient's own home (as opposed to perhaps a nursing home) then I don’t think you can do much more than inform the patient themself and let them decide what to do. If they then choose to ignore the warning then that is down to them.
Just because we may feel they are making the wrong decision, they are still entitled to make that decision. To do anything more than this could breach their right to a private life.
James
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 18 October 2013 14:57
To: [log in to unmask]
Subject: Re: [data-protection] Fire Service Question.
Richard,
You might start with condition 6 (legitimate interests of the data controller (or 3rd party) without unjustified prejudice to the rights of the individual.
I would not see how this would be an unjustifiable prejudice to the data subject.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Richard Birmingham
Sent: 18 October 2013 14:48
To: [log in to unmask]
Subject: [data-protection] Fire Service Question.
If our NHS health staff see a fire risk in the patient home can we share with the fire service without consent? Is there some fire related legislation I can rely on or is there an opinion that this is to prevent harm and in the vital interest of the patient (However there may never be a fire in the home but just a risk of one).
At the moment we ask consent but often the elderly don't want anyone else in their homes but there may be a fire risk that is evident to our staff.
Richard Birmingham
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