If I were to offer advice I would say stick to official guidance from
relevant authorities like a limpet; in particular 'duties of a doctor' which
has been issued by the General Medical Council (GMC) in 1996. One booklet
deals with Confidentiality.

In addition, there is D.o.H Circular `The Protection and Use of Patient
Information' HSG(96)18 which is not so protective as the GMC document - it
fudges the issue of consent

Finally, have a look at the Caldicott Committee recommendations on medical
confidentiality which have been accepted by Government.

Since the 1998 Act is not active yet, I cannot see how its provisions can be
quoted reliably

Chris



Data Protection News, Cap Gemini House
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> ----------
> From: 	Charles
> Christacopoulos[SMTP:[log in to unmask]]
> Sent: 	20 Jan 1999 16:26
> To: 	[log in to unmask]
> Subject: 	DP and Medical Research
> 
> Hi,
> 
> I was given a "little" problem today and I would welcome any feedback
> on the technicalities of data protection or anything else that you
> consider worth saying.
> 
> One of our medical departments (based in a teaching hospital) has
> routinely done studies of patients. The way it collected its data was
> to approach GP practices, go through patients' medical histories,
> identify the group it wanted, approach the patients and ask them if 
> they would like to participate in a study.
> Sounds OK and law abiding.  (well, I hope so).
> 
> Now, the first GP practice they have approached says they cannot allow 
> the dept to check patients' records (because of 1998 Act).  The GP
> practice is obliging enough to offer to mail all patients suffering
> from problem X and ask them if they would like to have their details
> passed on etc.
> 
> Two problems with this approach.  
> First, how many practices would be so helpful?  
> Second, the department would not want every person suffering from X
> to be approached.  Because the study would involve treatment (drugs
> etc) the department needs to identify in advance the patients it wants
> to approach as opposed to building up hopes to patients it could not
> involve in the study, ie. ethical problems.
> 
> In the Registrar's guidance, chapter 3, I read:
> ---------------------------------------------------
> 1.4 Conditions for Processing Sensitive Data (Schedule 3 of the
> Act)... 
> 
> "The Secretary of State may by order specify cases where this
> condition is either excluded altogether or only satisfied upon the
> satisfaction of further conditions. 
> 
> The processing is necessary for medical purposes (including the
> purposes of preventative medicine, medical diagnosis, medical
> research, the provision of care and treatment and the management of
> healthcare services) and is undertaken by:-          
> a) a health professional (as defined in the Act), or          
> b) a person who owes a duty of confidentiality which is equivalent to
> that which would arise if that person were a health professional."
> 
> ---------------------------------------------------
> 
> Does this mean the GP should have given us access as the
> person(s) processing the data would fall in either (a) or (b) above
> and it the reason for the study is also one of those mentioned.
> Is the Practice too cautious or correct?
> 
> 
> If the NHS/Practice's interpretation of the Act is correct then there
> are serious implications for Medical Research:
> - It is unethical to build up patients' hopes for treatment when
> there is a likelyhood they may not be even selected for it.
> - GP Practices - given all the other pressures they have - may not
> want to participate at all.
> 
> I intend to write to the Registrar to see what is the guidance (if
> any) but I would appreciate any comments that may give me a fuller
> picture.
> 
> Regards
> Charles
> 
> 
> ==============================================
> Charles Christacopoulos, Secretary's Office, University of Dundee, 
> Dundee DD1 4HN, (Scotland) United Kingdom.
> Tel: +44+(0)1382-344891. Fax: +44+(0)1382-201604.
> WebDad of http://somis.ais.dundee.ac.uk/
> Home of the Scottish Search Maestro http://somis2.ais.dundee.ac.uk/
> Happily using OS2 Warp.
> ==============================================
> 


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