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Trethowens doing well.
Comments
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This is what the DoH made of the issue, make of it what you will :
Thank you for your email of to the Department of Health about cameras in NHS car parks and patient confidentiality. I have been asked to reply.
Car parking can be provided directly by the NHS organisations themselves or, as you know, by private providers. Specific local contracts will determine the operation of each scheme.
There are strict laws and regulations to ensure that patient identifiable information is kept confidential. These laws and regulations cover contractors and voluntary workers as well as NHS staff. The standards that are required to be followed in the NHS are set out in the Department of Health publication ‘Confidentiality: NHS Code of Practice’, which is available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/200146/Confidentiality_-_NHS_Code_of_Practice.pdf
The duty of confidence referred to in the Code of Practice is a legal obligation derived from case law. It is likely that the scenario you describe, where a person who is not the registered owner of a vehicle takes it to an NHS car park and misuses the facility in such a way as to attract a fine, may have acted in a way that falls outside the organisation’s duty of confidence to protect information about their actions being passed to the third party. The duty of confidence only arises where reasonable to expect that the information will be held in confidence. However, this would be a matter for interpretation by a court of law.
I hope this reply is helpful.
Department of Health0 -
" It is likely that the scenario you describe, where a person who is not the registered owner of a vehicle takes it to an NHS car park and misuses the facility in such a way as to attract a fine, may have acted in a way that falls outside the organisation’s duty of confidence to protect information about their actions being passed to the third party. "
And what if the person, in this scenario, does not "misuse the facility" but merely stays too long , for various reasons, maybe beyond their control, and attracts a Parking Charge?
Is the Trust liable then?0 -
Interesting that they ALSO call it a fine! :eek:0
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salmosalaris wrote: »This is what the DoH made of the issue, make of it what you will :
Thank you for your email of to the Department of Health about cameras in NHS car parks and patient confidentiality. I have been asked to reply.
Car parking can be provided directly by the NHS organisations themselves or, as you know, by private providers. Specific local contracts will determine the operation of each scheme.
There are strict laws and regulations to ensure that patient identifiable information is kept confidential. These laws and regulations cover contractors and voluntary workers as well as NHS staff. The standards that are required to be followed in the NHS are set out in the Department of Health publication ‘Confidentiality: NHS Code of Practice’, which is available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/200146/Confidentiality_-_NHS_Code_of_Practice.pdf
The duty of confidence referred to in the Code of Practice is a legal obligation derived from case law. It is likely that the scenario you describe, where a person who is not the registered owner of a vehicle takes it to an NHS car park and misuses the facility in such a way as to attract a fine, may have acted in a way that falls outside the organisation’s duty of confidence to protect information about their actions being passed to the third party. The duty of confidence only arises where reasonable to expect that the information will be held in confidence. However, this would be a matter for interpretation by a court of law.
I hope this reply is helpful.
Department of Health
Bollox. That is all.Je suis Charlie.0
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