THE MEDICAL AND DENTAL DEFENCE UNION OF SCOTLAND

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THE MEDICAL AND DENTAL DEFENCE UNION OF SCOTLAND
SCIMP 2008 Information Governance gfernie_at_mddus.
com
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CLINICAL GOVERNANCE
Clinical governance is  the system through which
NHS organisations are accountable for
continuously improving the quality of their
services and safeguarding high standards of care,
by creating an environment in which clinical
excellence will flourish
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INFORMATION GOVERNANCE
Information Governance ensures necessary
safeguards for, and appropriate use of, patient
and personal information.Key areas are
information policy for health and social care, IG
standards for National Programme for IT systems
and development of guidance for NHS and partner
organisations.
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TELEPHONE ADVICE
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DEFAMATION STATEMENT
In general, a defamatory statement is one which
Tends to lower an individuals reputation in
the eyes of right thinking members of society, or
which would cause him to be shunned or bring him
into hatred, ridicule or contempt, or which tends
to discredit him in his profession or trade.
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DEFAMATION STATEMENT

• There are a number of defences to a claim of
  defamation these include-
• justification - being able to show that what was
  said is true
• fair comment on a matter of public interest - the
  honest expression of opinion and
• privilege - a statement fairly made in the
  discharge of a public or private duty.

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VEXATIOUS REQUEST
Case Ref FS50170245 Date 09/08/2007 Public
Authority Dr Tessa Buckman Summary The
complainant submitted a request to a GP (who, for
the purposes of the Act is considered to be a
public authority in her own right). The GP
refused to answer this request on the basis that
it was vexatious. Having considered the evidence
in this case, the Commissioner is satisfied that
the request was vexatious because, when taken in
the context of the complainants previous
correspondence and other actions, this request
imposed a significant burden on the GP and also
had the effect of harassing her. This decision
notice is currently under appeal to the
Information Tribunal. Section of Act/EIR
Finding FOI 14 - Complaint Not upheld
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USE OF VIOLENT WARNING MARKERS
This guidance explains to those working with the
public how best to manage the use of violent
warning markers Employers have a duty of care to
their staff to protect them in the
workplace. Violent warning markers are a means
of identifying and recording individuals who
pose, or could possibly pose, a risk to the
members of staff who come into contact with them.
We understand that, in practice, a flagged piece
of text is attached to an individual's file.
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USE OF VIOLENT WARNING MARKERS
Processing must be fair and lawful. This means
that a decision to put a marker on an
individual's file must be based on a specific
incident or expression of clearly identifiable
concern by a professional, rather than general
opinions about that individual. For consistency,
you should make sure a senior nominated person in
the organisation is responsible for making these
decisions. Decisions should be reviewed
regularly. When making a decision this person
should take into account the nature of the
threat the degree of violence used or
threatened and whether or not the incident
indicates a credible risk of violence to staff.
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DATA PROTECTION ACT 1998 EXCLUSIONS
Section 29 of the DPA 1998 provides that
information can be disclosed without gaining an
individuals consent where failure to gain the
information would be likely to prejudice the
prevention or detection of crime the
apprehension or prosecution of offenders the
collection or assessment of any tax or duty
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DATA PROTECTION ACT 1998 EXCLUSIONS
The conditions for sharing of personal
information most likely to apply to NHS is when
it is necessary a) for the administration of
justice b) for the exercise of any functions
conferred on any person by or under any
enactment c) for the exercise of any functions of
the Crown, a Minister of the Crown, or government
department or d) for the exercise of any other
functions of a public nature exercised in the
public interest by any person.
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Case 1

• The police have telephoned this morning
  requesting information on one of your patients.
  The patient has been registered as missing. Can
  you disclose anything?
• Patient confidentiality may not wish to be
  found
• Obtain more information from police suspicious
  circumstances which may compel disclosure
• Consideration of clinical conditions or
  prescribing records to assess risk to self or
  others
• Justification

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Case 2

• Pharmaceutical company offer to provide nurse to
  audit PPI usage and modify treatment regime -
• No explicit consent
• Company wrote introductory letter to patients
• One patient had been removed from List
• Complaint to Information Commissioner
• Reported case to PF
• No-Pro

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Case 3

• Patient sitting in waiting room when name is
  called out over Tannoy. Adjacent patient goes
  into consulting room ahead of him. When he exits,
  the correct patient goes in to see GP and
  expresses concern there has been a breach of
  confidentiality.
• What was visible on screen?
• Incorrect data entry
• Audit trail
• Possible supplementary breach (IGTN)
• Apology Correction

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Case 4

• Separated parents of 3 year old boy going
  through acrimonious divorce. Resides with mother
  who has reverted to maiden name. Letter received
  from fathers solicitor demanding his surname is
  used.
• Does father have parental responsibility?
• Consistency required to avoid systems failure
• Court to decide

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Case 5

• Patient makes legitimate subject access request
  and discovers practice are aware he is HIV ve
  and had been attending the communicable disease
  clinic in another area.
• Request that material is deleted
• Factually accurate
• Clinically relevant
• Practice Meeting
• Remedy in terms of s. 14 DPA
• Reminded of ECS opt-out