data protection?

2

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  • bcal
    bcal Posts: 7 Forumite
    not yet, we only found this out a few hours ago, i will pass that point over about the ICO though as she can call them herself, thank you
  • nicechap
    nicechap Posts: 2,852
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    bcal wrote: »
    not yet, we only found this out a few hours ago, i will pass that point over about the ICO though as she can call them herself, thank you

    When the ICO stop laughing, do come back and tell us what they say.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • bcal
    bcal Posts: 7 Forumite
    haha, i might just :D
  • sangie595
    sangie595 Posts: 6,092 Forumite
    bcal wrote: »
    its a friend of a friend. no need to get all het up my dear. am i not allowed to be curious. actually, the employer was trying to get said carer to go back to this weekend but already knew the reason for not being able to return to work. care and consideration aside for the employer towards the carer....the question still stands....does anyone answering actually know for certain if this is a data protection breech please? :)
    You have been told. No. Asking a question is not a breach of the law, nor of morals. Asking a question is legal.

    If the hospital responds, that might be a breach of data protection.

    I am shocked if a hospital gave out any information based on someone knowing a name. In our local trusts you may know as many names as you like, and call as many reception desks as you like - they will quite rightly tell you nothing at all. Not even if that person is there.
  • Comms69
    Comms69 Posts: 14,229
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    Typically if a hospital gets such a call, the patient will be notified and asked if they consent to information being given out.
  • nicechap
    nicechap Posts: 2,852
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    The OP is asking about whether the employer, not the hospital, has breached DPA.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • LilElvis
    LilElvis Posts: 5,835
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    sangie595 wrote: »
    You have been told. No. Asking a question is not a breach of the law, nor of morals. Asking a question is legal.

    If the hospital responds, that might be a breach of data protection.

    I am shocked if a hospital gave out any information based on someone knowing a name. In our local trusts you may know as many names as you like, and call as many reception desks as you like - they will quite rightly tell you nothing at all. Not even if that person is there.

    So how does a relative prove that they are who they say they are? In the last couple of years my MIL has been at Wickham, Wexham Park, Amersham, Hammersmith, Ascot plus three private hospitals (including one in Harley Street). I've called each and every one for information about her condition and have been given it by all of them with no question.
  • LilElvis
    LilElvis Posts: 5,835
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    Comms69 wrote: »
    Typically if a hospital gets such a call, the patient will be notified and asked if they consent to information being given out.

    Not my experience when my MIL has been taken to A&E by ambulance in the last month. Two different hospitals, though the same trust.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    LilElvis wrote: »
    So how does a relative prove that they are who they say they are? In the last couple of years my MIL has been at Wickham, Wexham Park, Amersham, Hammersmith, Ascot plus three private hospitals (including one in Harley Street). I've called each and every one for information about her condition and have been given it by all of them with no question.
    That is not relevant. The hospitals failed in respect of their duties under data protection law. The fact they did that doesn't mean they did the right thing. You could have been anyone. You could have been someone she didn't want to know. Their responsibility was to her and her protection - not to you.

    I am currently waiting for a hospital admittance. They have already asked me - who is my next of kin and who may they talk to; and how do they contact them. That is exactly what they should have done.

    Maybe it's ok by you that you can go into hospital and anyone can phone up and claim to be your sister and get private and confidential information about you without having to prove who they are. But the law doesn't agree with you that it's ok. That's the difference.
  • Savvy_Sue
    Savvy_Sue Posts: 45,944
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    The employer is breaching no law by asking the question.

    I've been told which ward someone is on when I knew they were in hospital, but I've been asked for more than their name: did I know address (I did) or date of birth (I did not).
    Signature removed for peace of mind
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