This reminds of my social care days and a situation that I was never comfortable with.
If an alleged sexual assault or similar serious offence has taken place and the case is being investigated, the police appear to ask the alleged victim if they have been in care. What follows is a subject access request from the police but signed by the individual for full disclosure of their care records to me (I used to see about 35 to 40 a year just in one town)
I have always struggled with the fairness of this process versus a person who doesn't have a care record to disclose.
I know that there is a lot of pressure from the CPS regarding witness reliability and the ability to secure convictions etc. but what if that care record was twenty years old and within it, it records you had a terrible childhood that lead you to 'fantasise' which, I am not a care professional but reasonably believe could be a mechanism to cope with the situation presented to the child at the time.
Where is the equivalent rights of fairness to the victim as to the provisions of the Rehabilitation of Offenders Act for the accused. The victim, now an adult is being forced through a SAR process to declare 'spent' records for the sole purpose to discredit them.
Sorry for the rant, but this never sat right with me.
Neil
Begin forwarded message:
From: Chris Pounder <[log in to unmask]<mailto:[log in to unmask]>>
Date: 14 February 2014 15:35:33 GMT
To: "[log in to unmask]<mailto:[log in to unmask]>" <[log in to unmask]<mailto:[log in to unmask]>>
Subject: [data-protection] "NOT QUITE" .... Forced Subject Access Requests to be Banned - Finally
Reply-To: Chris Pounder <[log in to unmask]<mailto:[log in to unmask]>>
Enforced Subject Access to medical data raises its ugly head in the
insurance industry
See
http://amberhawk.typepad.com/amberhawk/2012/02/enforced-subject-access-raise
s-its-ugly-head-in-the-context-of-medical-insurance.html
Goes onto describe ".......The result is that some insurance providers (e.g.
Legal and General) are resorting to a variant of enforced subject access."
C
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 14 February 2014 13:51
To: [log in to unmask]<mailto:[log in to unmask]>
Subject: [data-protection] Forced Subject Access Requests to be Banned -
Finally
http://ico.org.uk/news/blog/2014/Key-battle-won-in-war-against-forced-subjec
t-access-request
Ibrahim Hasan
Solicitor and Director
Act Now Training Limited
www.actnow.org.uk<http://www.actnow.org.uk>
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