Human Rights judgement: Major consequences for NHS database?

http://www.ardenhoe.demon.co.uk/privacy/Pres%20rel%20re%20ECHR.pdf

Although I am pleased there has been such a rulling I think it needs to ne looked at very carefully.

Paul Thormton mentions that it was about un-otherised access and about the nurse not having a role to play in the patients health care.

It should not be forgoten (and this is what makes this ruling less effective for those against the national database) the amount of aurthorised userers and ligitmimate access and use has been increasing over the years and doctors/nurses have refused to do anything about it (most have even been caausing the increase and have co-operated with those invading our privacy)). It is also up to GP practices (not individual GPs) who will have a legitimate need to access the data. This last ssue is also where the likes of TBOO and loads of doctors fall down and are shown to have double standards. If a nurse in an asthma clinic has a ‘need to know’ had an abortion, sexual problem, rape/abuse and everything ales in the patients record they can not then complain if a consultant at A&E were to access the same information especially where it is a matter of life or death.

It would also be hard to stand your ground and demand a receptionist at A&E should not have access to a patients record whilst at the same time allowing their own reception staff the same level of access.

I have been in practices where doctors can withhold medical treatment if the patient says no to data sharing, even if this causes harm or death to the patient or others. I think if GPs are allowed to do such things with the aproval/backing of the GMC, BMA, NHS, the ICO and Calldicott Gaurdians, it is hard, if not impossible, to say a consultant/nurse at the hospital can not do the same thing. If have been in practices where staff have accessed records without patient consent and as I found out from the ICO when complaining about Lancashier And South Cumbria Agencey in Preston, a patient has no right to stop access even where the person accessing the record has alterd an access request to gain access to the record.

You can jump for joy at this rulling if you want, but chances are you will hit the floor hard when reality sets in.

Other links about this story (soory they are so long):

http://www.helsinkitimes.fi/htimes/index.php?option=com_content&view=article&id=2156%3Aechr-finds-finland-in-breach-of-patient-confidentiality&catid=33%3Ageneral&Itemid=158

http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=837925&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 (full rulling)

More access to health records?

It is not long since people like me warned about the increasing access to our medical records and now the NHS seems to be confirming our greates fears.

Bellow are links to stories about how there are plans to increase the amount of people with access to our records. It is bad enough a patient cant tell their GP something without having to let every doctor and nurse they see at the practice know about it despite there usually not being a ‘need to know’ basis, It is bad enough reception staff are getting access to our records and knowing our test results and what medications we have been issued, now they want to social care, voluntry orgs, private firms, researchers and never ending list.

 

Will doctors defend the patient right to privacy? Dont bank on it!

http://www.ehiprimarycare.com/news/3915/access_to_nhs_care_records_may_be_widened

http://www.ehiprimarycare.com/news/3947/data_sharing_review_has_messages_for_the_nhs

http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/7490262.stm

“Health bosses have ordered a data amnesty after an employee lost personal information of 137 patients. NHS Lothian launched the campaign to ensure all 28,000 staff understand the rules on storing sensitive data – and own up if they lost files themselves.

The move comes after a worker admitted losing a computer memory stick with copies of letters sent to Edinburgh GPs by NHS Lothian over two years.

The letters cover details of patients in the central Edinburgh from 2006″.

This is something I sort of think is good. I believe that if someones loses patient data they should get in serious trouble or even sacked (right now most people get a slap on the wrist) but at the same time I think it is important to try find out how much data has been lost, I guess this is one of the best ways but it also means letting some people off the hook. It does say a lot about how worried some NHS trust are when they need to have this sort of thing.