The Data Protection Act - Confidentiality and Associated Problems

Enforcement  Common Law  Statute -Data Protection Act -Computer Misuse Act -Venereal Diseases Regulations -Human Fertilisation & Embryology Act -Abortions Regulations  Contract of Employment  Registration Body

DPA Principles 1. Be obtained and processed lawfully and fairly 2. Be held for specified and lawful purposes as described in the register entry 3. Be adequate, relevant and not excessive 4. Be accurate and up to date 5. Be held no longer than necessary 6. Be processed in accordance with the rights of data subjects under this Act 7. Appropriate technological and organisational measures shall be taken against unlawful or unauthorised processing as well as damage, destruction or accidental loss 8. Not to be transferred outside the EEA unless the country has adequate levels of protection for Data Subjects

Data Protection Act 1998 Key Terms  Personal data  Automatically processed  Relevant filing system  Data users  Data controller  Exemptions  Sensitive personal data

DPA Registration Data users must be registered – their name and address and a description of:  the personal data they hold  the purpose for which it is held  the sources/sources  to whom it may be disclosed The Register is overseen by the Data Protection Commissioner – powers:  Enforcement notice  De-registration  Overseas transfer prohibition

Disclosure 1 Statutory Disclosure  Public Health Control of Diseases Act 1984  Births to be notified within 36 hours  Deaths – doctor must state cause of death on death certificate  Abortions Act the doctor terminating a pregnancy must notify the Chief Medical Officer at The Department of Health

Disclosure 2  Patients have a right to see their own medical records EXCEPT where a clinician considers that this is not in the best interest of the patient  They can resist disclosure if: -potential harm to the patient -third party breach of confidentiality  Other disclosures to third parties are: -children under 16 -HIV positive patients -mentally ill or with learning disabilities -to long term carers

Disclosure 3  Employers (1))  Insurance Co’s (2)) Signed Waiver  Legal Eagles)  1 and 2 - Access to Medical Reports Act 1988  Informed Consent(ALL)

CHARGES  At the moment the charges for access to records under the DPA are: –Mainly manual£50 plus p&p etc –Mainly computer£10 plus p&p etc  with effect from 24 th October 2001 the charges for access to records under the DPA are: -Mainly manual£10 plus p&p etc -Mainly computer £10 plus p&p etc