Some members of society are recognised as needing protection, for example children and vulnerable adults. If a person is identified as being at risk from harm we are expected as professionals to do what we can to protect them. In addition we are bound by certain specific laws that exist to protect individuals. This is called “Safeguarding”. Where there is a suspected or actual safeguarding issue we will share information that we hold with other relevant agencies whether or not the individual or their representative agrees. There are three laws that allow us to do this without relying on the individual or their representatives agreement (unconsented processing), these are:
Section 47 of The Children Act 1989 – www.legislation.gov.uk/section/47
Section 29 of Data Protection Act (prevention of crime) – www.legislation.gov.uk/section/29
Section 45 of the Care Act 2014 – www.legislation.gov.uk/section45
In addition there are circumstances when we will seek the agreement (consented processing) of the individual or their representative to share information with local child protection services, the relevant law being; section 17 Childrens Act 1989 www.legislation.gov.uk/section17.
Data Controller Contact Details
The Hawthorns Surgery
1 Oxford Road
Data Protection Officer Contact Details
Dr Michael Ince
The Hawthorns Surgery
Tel: 01737 762902
Purpose Of The Processing
The purpose of the processing is to protect the child or vulnerable adult.
Lawful Basis For Processing
The sharing is a legal requirement to protect vulnerable children or adults, therefore for the purposes of safeguarding children and vulnerable adults, the following Article 6 and 9 conditions apply:
For consented processing;
- 6(1)(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes
For unconsented processing;
- 6(1)(c) processing is necessary for compliance with a legal obligation to which the controller is subject 9(2)(b) ‘…is necessary for the purposes of carrying out the obligations and exercising the specific rights of the controller or of the data subject in the field of …social protection law in so far as it is authorised by Union or Member State law..’ We will consider your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”
Recipient Or Categories Of Recipients Of The Processed Data
The data will be shared with safeguarding Lead, Dr Henry Knights and Surrey Safeguarding Team.
Rights To Object
This sharing is a legal and professional requirement and therefore there is no right to object.
Right To Access And Correct
The DSs or legal representatives has the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.
The data will be retained for active use during any investigation and thereafter retained in an inactive stored form according to the law and national guidance.