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  #21  
Old 31-12-2007, 05:43 PM
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Noticed a friend on a health forum in the USA has been offered a new DNA testing to confirm her problems she has a disease in her blood but to me it smacks of possibly something that could come back and haunt your children when they want insurance/jobs/finance.

Brilliant way to gather a DNA library, wonder if it could catch on here, and how effective it actually is??
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  #22  
Old 05-01-2008, 01:31 AM
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Quote:
Originally Posted by Hocuspocus View Post
Could someone in the know give guidance on the below thanks HP


1, The abbreviation list that has to be sent with the bank notes, would this be the same for the Information act request as being used for doctors and schools abbreviations in notes.

2, Could there also be a request of all and any telephone notes references, and dates of calls that are in reference to a patient notes.

3, Also any old hand written scribbled notes, can they be requested for translation if they are not readable for reference.

Ok I quoted my own post in 2 as I have recieved the answers from the ICO

note your comments, and I shall attempt to answer your questions in the order you ask them for ease of reference.



1) What does ‘Private & confidential’ mean/cover?

2) Should a GP’s health centre have a data controller named ‘under license’?

3) Using a freedom of information request, can you request a breakdown of abbreviations used in your medical records?

4) Can you request the telephone logs of contact made with specialists through your health records?



1)
Firstly, the term ‘private & confidential’ has no legal basis, it is simply a recommendation or warning that the contents of a document or letter marked as such should be treated with caution and sensitivity. I understand that you have concerns that a number of individuals may have had access to your letter, which was addressed to the clinic manager.



However, you should be aware that all employees working within an NHS organisation are bound by strict codes of confidentiality and could be subject to disciplinary action if they were to misuse information they come into contact with through the course of their employment. There appears to be no indication that staff at the clinic have acted inappropriately or improperly in the circumstances you describe. Indeed, the NHS would become unworkable if administrative staff did not have, albeit limited, access to certain documentation which is necessary to conduct the daily business of the organisation concerned.


2)
In relation to your second question, it may be useful if I explain in more detail the term ‘data controller’. Under the Data Protection Act 1998, the definition of a data controller is as follows:



‘…a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.’



A ‘person’ means a ‘legal person’; this term comprises not only individuals but also organisations such as companies and other corporate or unincorporated bodies of persons. Therefore, in the case of a GP practice, the data controller is usually the practice or clinic itself, rather than an individual that works there.



All data controllers are required to register with the Information Commissioner’s Office, a process which is referred to as ‘notification’. There is a public register of data controllers which can be accessed via our website www.ico.gov.uk.



There will normally be an individual within an organisation who takes responsibility for data protection matters, and we have our own internal database of such contacts. This is primarily to enable us to make contact with the most appropriate individual within an organisation where we are carrying out an investigation or handling a complaint about that organisation.


3)
With regard to your third question, you ask whether you can request a breakdown of abbreviations used in your medical records using the Freedom of Information Act 2000. It would be more appropriate for you to make a formal request under the Data Protection Act 1998 for a copy of your medical records.



It may be useful if I explain the difference between the Freedom of Information Act 2000 and the Data Protection Act 1998. The Freedom of Information Act 2000 gives people a general right of access to information held by or on behalf of public authorities, promoting a culture of openness and accountability across the public sector. This should lead to a better understanding about how public authorities carry out their duties, why they make the decisions they do and how they spend public money. The Data Protection Act 1998, on the other hand, relates solely to the personal data of individuals and gives individuals certain rights of access to information held as personal data about them.



Section 7 of the Data Protection Act 1998 gives individuals the general right to know if any organisation is holding information about them either on computer or in certain manual records. This provision also gives individuals the right to apply for a copy of the information, which is held as personal data about them. These rights are known as subject access rights.



An organisation, which receives a written request, should comply within 40 days of receiving it or, alternatively, of receiving other information, which he may reasonably require, in order to locate the information or to be satisfied about the identity of the person who made the request.



A maximum fee of £10 may be charged for granting subject access to health records that are being automatically processed, or that are recorded with the intention that they be so processed. A maximum fee of £50 may be charged for granting subject access to manual records, or to a mixture of manual and automated records, where the request for subject access will be granted by supplying a copy of the information in permanent form.



A 'health record' is defined in the Data Protection Act 1998 as being any record which consists of information relating to the physical or mental health or condition of an individual, and has been made by or on behalf of a health professional in connection with the care of that individual. (See the Commissioners guidance on subject access request and health records for the definition of 'health professional'.)



Section 7(1)(c) of the Data Protection Act 1998 requires that a person making a subject access request has their personal data communicated to them ‘in an intelligible form’. Therefore, if you have made a subject access request for your medical records and you are unable to understand them because the information contains a great deal of abbreviations, you should approach the data controller directly and request that these be explained to you.


4)
In relation to your fourth question, it is likely that telephone logs of conversations with specialists about you would constitute your personal data for the purposes of the Data Protection Act 1998, therefore you should make a subject access request for this information, if in fact such logs have been retained; the practice should advise you of this in response to your subject access request.
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  #23  
Old 11-01-2008, 06:07 PM
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i have opted out.

my understanding is it will be like the DVLA data base anyone with a interest will be able to get access to your information. (for a small fee of course.)

whats this guarentee we are being offered. do we get something if they fail in doing something they are supposed to. (think not)
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  #24  
Old 11-01-2008, 10:12 PM
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I have got my letter ready to drop in to the GP, just not got around to doing it yet. Funny thing is I can see the GP's from my office window at home lol. I could prob make a paper aeroplane and it would get there.
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  #25  
Old 11-01-2008, 11:41 PM
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Had another thought ( it hurt ) I havent read that this is to contain dentists and opticians, surely if it was for our health, the system would contain everything?
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I will not be on the internet after the end of January 2009, so will not be around as much as usuall.
Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

" the cages we live in are often of our own making"

time for a life style change
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  #26  
Old 12-01-2008, 12:19 AM
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That thought had crossed my mind as well, I would have thought so also especially if you were not private.
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