Reply to post: What does the ICO have to say about this?

GP records soon wide open again: Just walk into a ‘safe haven’

Anonymous Coward
Anonymous Coward

What does the ICO have to say about this?

Last I heard from ICO officials was that they were not happy that the care.data programme had been consistent with Principle 1 of the DPA, given the poor privacy notice flyer that was tucked in with pizza leaflets earlier in the year, to those specially selected areas (where the postie didn't throw it away so he didn't have to carry and post it) that were even sent a copy. The ICO informally has been quite open about this. Unless new legislation has been passed (I lose track between SIs), I imagine their concerns still stand - i.e. this could prove, if challenged, to be a breach of the DPA.

GP opt out codes only cover certain data flows - you'd be amazed at those 'automatic' data flows that you have not been made aware of and hence data shared without your knowledge. I'm fairly convinced if you got your GP practice to add all the opt-out codes for the various automated data extractions (you do realise there are probably >10 of these, didn't you?) to your record, it would still be shared (without your consent or knowledge)...

One of the most basic parts of the DPA is do with fair processing. It's also potentially one of the weakest areas of the Act. It is up to those wanting the data to produce something to "reasonably" attempt to raise awareness of data being used in such a way. They do not need to be able evidence they have provided that this information or that it indeed being disseminated. This is because this would be the Data Controller's responsibility to manage. It's a pity that most Data Controllers do not realise that should be monitoring this more proactively - GPs and their practices I find to be extremely naive about this (ever asked a receptionist to add an opt-out code to your record)... wonder why... [opens next can of worms]

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