Data Protection Guide
DATA PROTECTION ACT 1998
GUIDANCE TO SOCIAL SERVICES
March 2000
CONTENTS
Section 1 Section 2 Section 3 Introduction Glossary of terms Good practice in record keeping
Principles underpinning good practice A policy framework Retention and destruction of records Records subject to statutory requirements Management commitment to good practice
4 8
14
14 15 16 17 17
Contents
page 1
Section 4
Details of the Act and its implementation Access to social services records
Personal information covered by this guidance Right of access Requests by, or on behalf of, a child or a young person under 18 Requests made on behalf of an adult lacking mental capacity Requests made through another person (an agent) Requests for access to the records of a deceased person Dealing with a request for access, and fees Where an authority does not hold the information requested Points to consider before access is given Information to be disclosed Information that includes details about another person Timescale Presenting the information Where an authority holds information that the person considers is inaccurate When an authority can rely on an exemption to refuse access Where an authority decides to refuse access
20
Section 5
24
24 25 26 27 27 27 27 28 28 28 29 29 30 30 31 32
page 2
Data Protection Act 1998
Challenge to an authority’s decision to refuse access or amend records Appeal by data controller against enforcement notices to Data Protection Tribunal Conclusion
33
33 33
Section 6
Confidentiality of social services records
General Principles Disclosing personal information: With consent Without consent – for social services purposes – for other purposes Disclosure of information about those without capacity to consent Sharing information Disclosure of information for research purposes Monitoring
34
34 35 36 36 37 37 38 38 39 39
Appendix 1 Appendix 2
The Data Protection Principles The Data Protection (Subject Access
GUIDANCE TO SOCIAL SERVICES
March 2000
CONTENTS
Section 1 Section 2 Section 3 Introduction Glossary of terms Good practice in record keeping
Principles underpinning good practice A policy framework Retention and destruction of records Records subject to statutory requirements Management commitment to good practice
4 8
14
14 15 16 17 17
Contents
page 1
Section 4
Details of the Act and its implementation Access to social services records
Personal information covered by this guidance Right of access Requests by, or on behalf of, a child or a young person under 18 Requests made on behalf of an adult lacking mental capacity Requests made through another person (an agent) Requests for access to the records of a deceased person Dealing with a request for access, and fees Where an authority does not hold the information requested Points to consider before access is given Information to be disclosed Information that includes details about another person Timescale Presenting the information Where an authority holds information that the person considers is inaccurate When an authority can rely on an exemption to refuse access Where an authority decides to refuse access
20
Section 5
24
24 25 26 27 27 27 27 28 28 28 29 29 30 30 31 32
page 2
Data Protection Act 1998
Challenge to an authority’s decision to refuse access or amend records Appeal by data controller against enforcement notices to Data Protection Tribunal Conclusion
33
33 33
Section 6
Confidentiality of social services records
General Principles Disclosing personal information: With consent Without consent – for social services purposes – for other purposes Disclosure of information about those without capacity to consent Sharing information Disclosure of information for research purposes Monitoring
34
34 35 36 36 37 37 38 38 39 39
Appendix 1 Appendix 2
The Data Protection Principles The Data Protection (Subject Access