My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

[ReallyIrked]

Dear all,

I was unfortunately (to say the least) subject to a undue police investigation in relation to a sexual offence.

I attended a police interview and regrettably asked for an appropriate adult to attend (which was a big mistake in hindsight as he just sat there doing nothing) due to my mental health condition. This 'appropriate adult' then went to set out all all the charges I was subject to, before I was even formally charged with them, in my medical records.

I then requested the matter go to a Crown Court and, after my psychiatrist was instructed to produce a report, the matter was duly thrown out or disposed of by a Judge (which had nothing to with the psychiatric report).

My local NHS Trust have since made my life and absolute misery and have criminalised me (putting it mildly) quite overtly ever since. They are storing extensive information even a jury would not have access to as prosecution evidence was sent to my psychiatrist at that time.

The Trust have set up meetings about this and I explained on several occasions this matter was disposed of but this seemed to fall on deaf ears (which begs the question why they set up the meetings in the first place).

The Trust have further being circulating this information in a detailed form, without my consent, to even my GP on more than one occasion (the mind boggles as to what they think my GP is going to do with this information).

After raising these issues with Parliamentary and Health Service Ombudsman (PHSO) it was made clear to the Trust they should not have shared this information and I was given a few pence as a financial remedy.

I have asked the Trust what the relevance of this data is to them and an answer has not been forthcoming other than the data storage is 'not unwarranted'. Indeed it appears that the Trust seem to consider it their place to facilitate a sex offenders register (regardless of the fact that the respective party is indeed wrongly accused).

I have served a "section 10 notice" on the Trust however they are indeed not budging as they claim the data storage is 'warranted' even after the PHSO's clinical expert made it clear that it was not warranted (the Trust believe they know better). In any event, I do not see the Trust as having a legal/contractual requirement to store this data.

I have offered to provide written evidence that this matter was disposed of (at their request of course) but I sense they will still want to hang onto the information 'just is case' - the mind boggles.

I have now raised this matter with the Information Commissioner's Office but they operate in slow motion and are unable to do much about it seems.

It seems Legal Aid funding is not available for these matters too as it is a Data Protection matter or does it fall under Public Law?

How absolutely infuriating and insulting!

Any advice appreciated.

[stevemLS]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

Regrettably I think the Trust are operating within the bounds of the law.

The PHSO don't always apply the law.

Whilst the criminal standard of proof was not met in your case, that is not t say that no evidence as to your guilt is available.

The Trust are under a duty to retain all relevant data for as long as necessary, the Goddard enquiry, for example, has directed that regardless of retention policy, data from 50 tears ago and more be retained.

Sorry

[ReallyIrked]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

Regrettably I think the Trust are operating within the bounds of the law.

The PHSO don't always apply the law.

Whilst the criminal standard of proof was not met in your case, that is not t say that no evidence as to your guilt is available.

The Trust are under a duty to retain all relevant data for as long as necessary, the Goddard enquiry, for example, has directed that regardless of retention policy, data from 50 tears ago and more be retained.

Sorry

Thank you Sir.

What do you mean with regards to no evidence of my guilt?

Also, how is this data not irrelevant, excessive and misleading (contrary to the respective principles)?

Could you elaborate on the Goddard enquiry as I am unfamiliar with it?

[stevemLS]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

The Goddard inquiry is the one that Savile led to into historic sexual abuse.

I meant, and thought I made clear, that because there was not sufficient evidence to meet the criminal standard of proof (beyond reasonable doubt) that is not to say there is no evidence. Plainly, I have no idea of the quality of evidence in your case.

[ReallyIrked]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

The Goddard inquiry is the one that Savile led to into historic sexual abuse.

I meant, and thought I made clear, that because there was not sufficient evidence to meet the criminal standard of proof (beyond reasonable doubt) that is not to say there is no evidence. Plainly, I have no idea of the quality of evidence in your case.

Is the Goddard inquiry one that relates criminal law and not data protection?

The case was thrown out of court as there was no reliable evidence. Does that clarify? We are talking about 'dodgy' pornography here which was not proved to be 'dodgy' at all therefore this amounts to no evidence. Who are the NHS to consider the quality of the evidence? That is a very arrogant thing to suggest on their part.

From what you are saying, the NHS has the legal right to accuse everyone that steps through its doors as a sex offender even without basis?

[stevemLS]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

The Goddard inquiry is into all aspects of abuse, but you will know that NHS bodies have been criticised for not sharing data in relevant circumstances.

I make no judgment whatever in your case - merely point out that criminal aquittal is not the end of the matter.

[ReallyIrked]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

The Goddard inquiry is into all aspects of abuse, but you will know that NHS bodies have been criticised for not sharing data in relevant circumstances.

What is the purpose of storing/sharing such data?

I make no judgment whatever in your case - merely point out that criminal aquittal is not the end of the matter.

Why not? Who are the NHS to 'know better'?

[R0b]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

I'm guessing you don't want to publicly discuss what information they have on you that you believe is too much. You have to be a little careful here as there has already been case law on GPs and hospitals recording data that you might not want on your file. Put simply, anything you talk or discuss about they are entitled to record it on file - to an extent.

If you feel that they are holding inaccurate data on you then your last recourse will be going to court and an order to correct the inaccurate data.

If the inaccurate information has been passed on to employers or other organisations then you could also have a claim for other things such as defamation, malicious falsehood, negligence. Note that under defamation the trust may be able to rely on qualified privilege but would also be subject to the other claims.

I am hazarding a guess that this information related to your alleged sexual offence?

[ReallyIrked]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

I'm guessing you don't want to publicly discuss what information they have on you that you believe is too much. You have to be a little careful here as there has already been case law on GPs and hospitals recording data that you might not want on your file. Put simply, anything you talk or discuss about they are entitled to record it on file - to an extent.

If you feel that they are holding inaccurate data on you then your last recourse will be going to court and an order to correct the inaccurate data.

If the inaccurate information has been passed on to employers or other organisations then you could also have a claim for other things such as defamation, malicious falsehood, negligence. Note that under defamation the trust may be able to rely on qualified privilege but would also be subject to the other claims.

I am hazarding a guess that this information related to your alleged sexual offence?

I understand. In these circumstances I pay thanks to the Data Protection Act as it is called into question.

The Trust have made an entry into my file, unbeknown to me at that time, regarding the charges (at the police interview). This is misleading information and has indeed lead the Trust on a disparagement campaign (which is the only true purpose this data is serving).

After this I tried to arrange psychotherapy with the NHS and the psychotherapist cited this information and began grilling me. I told him the matter was disposed of. This seemed to have fallen on deaf ears. I then had my referral for psychotherapy rejected (which I believe had a lot to do with the therapist's prejudices).

I was then called back for a second meeting with the psychotherapist after my GP called the respective service to ask them what on earth they were doing. The psychotherapist, and seemingly the Trust as a whole, turned this is into what could be described as a 'police interview' though at the actual police interview I had the policeman was far more polite.

The psychotherapist then added further assumptions in my medical notes.

I requested copies of my medical records at this time only to find entries of this nature everywhere and anywhere. I was rather shocked and aggrieved to say the least.

I then asked my psychiatrist if he had be sharing information in this respect and he insisted he had not. I later requested the records the PHSO had as part of my complaint to them. It turns out this psychiatrist uploaded each and every possible document he had in relation to the court case into my notes (facts not proven) all while I was pursuing a complaint in this respect.

I then served a "section 10 notice" on the Trust (I am and was highly suicidal) and only received a response about 2 months later (the Trust were legally obliged to respond in 21 days). The Trust's response was simply the data storage is 'not unwarranted'. This is a further failure to fully comply with section 10 of the Data Protection Act as the Trust need to fully justify this data storage.

I am in the process of considering what to do next but am concerned that I may not get Legal Aid with this as it relates to data protection. I am in a terrible state mentally and do not know if I can handle the stress of further litigation.

[R0b]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

Sorry to hear of this, I don't think you'll get legal aid for this but it really depends what you are wanting as the end result. Even though you were not convicted and the charges dropped I believe that it is still recorded that you were arrested and as far as that, if the information was necessary then I think the trust would have a legitimate reason for making note of this.

I am curious how this therapist has gained the documents from the court case?! As for the assumptions on the medical notes, this sounds like it is a subjective point and would require the court to determine this.

Either way you look at it, going to court will cost you some form of money. If you are literally seeking a correction and little compensation then you could make your application to the court and pay the minimum court fees. However if you are looking for compensation on this then you will need to consider how much you are seeking and the higher the amount the larger the court fees.

If you are not in a great state mentally, it might be wise not to consider taking this matter to court at the current time until you feel that you can and maybe try to hash this out or come to a compromise - you can still mention to them that if the information is not amended accordingly then you will consider taking action through the courts. Alternatively you could get some feelers from solicitors specialising in data protection law with a couple of free consultations and get some opinions from them, that way you know where you would stand. Obviously lawyers aren't always right and you can completely disregard what they say and press ahead but is always worth taking their opinions into account.

p.s. there plenty of examples on the ICO website about incorrect data and whether data controllers are entitled to make comments or opinions such as medical notes - worth having a nosey there and whether there is anything similar to your problems.

[ReallyIrked]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

Sorry to hear of this, I don't think you'll get legal aid for this but it really depends what you are wanting as the end result. Even though you were not convicted and the charges dropped I believe that it is still recorded that you were arrested and as far as that, if the information was necessary then I think the trust would have a legitimate reason for making note of this.

I am curious how this therapist has gained the documents from the court case?! As for the assumptions on the medical notes, this sounds like it is a subjective point and would require the court to determine this.

Either way you look at it, going to court will cost you some form of money. If you are literally seeking a correction and little compensation then you could make your application to the court and pay the minimum court fees. However if you are looking for compensation on this then you will need to consider how much you are seeking and the higher the amount the larger the court fees.

If you are not in a great state mentally, it might be wise not to consider taking this matter to court at the current time until you feel that you can and maybe try to hash this out or come to a compromise - you can still mention to them that if the information is not amended accordingly then you will consider taking action through the courts. Alternatively you could get some feelers from solicitors specialising in data protection law with a couple of free consultations and get some opinions from them, that way you know where you would stand. Obviously lawyers aren't always right and you can completely disregard what they say and press ahead but is always worth taking their opinions into account.

p.s. there plenty of examples on the ICO website about incorrect data and whether data controllers are entitled to make comments or opinions such as medical notes - worth having a nosey there and whether there is anything similar to your problems.

Thanks for the understanding - that is much appreciated.

There was no arrest. I attended the interview on a voluntary basis. I forget to mention, it took the police/CPS 5 years to take this to court (only to be thrown out) all while they knew I suffered from a mental health condition hence one of the reasons for a decline of my mental health over the last few years.

The therapist saw the notes the 'appropriate adult' made after the police interview (they were made in my electronic patient records which he reviewed before he saw me). I think he also saw the other notes (of which there were a few) that other NHS employees made in my medical records of this nature.

Because of the amount of time taken to take this matter to court my solicitors/barrister at that time thought it would be helpful to get my psychiatrist to confirm I was placed at a disadvantage. He was to be an expert witness in my defence and was instructed to produce a report. In hindsight I should have gone with a different psychiatrist as this one has acted unethically and broke strict patient/doctor confidentiality by sharing this information with all employees of the Trust. He will no doubt use the 'public protection' defence here though it is clear to any reasonable person that this is nonsense (particularly if the principle of 'innocent until proven guilty' applies).

I should be exempt from court fees due to the fact that I am living on state benefits (due to my mental health condition).

I have offered to provide the Trust with a copy of the letter my solicitor sent me after the case was thrown out (they have asked for 3rd party verification). I sense this will not be the end of it though particularly if StevemLS is right.

I am hoping getting a solicitor to help me with a 'letter before action' may get the Trust to act more reasonably (plus a hefty potential claim for significant damages might instil some sense). Does 'exceptional funding' cover claims in the small claims track? I gather it may not.

I will check out the ICO site again but so far is seems to me the Trust are contravening the Data Protection Act in various ways.

[ReallyIrked]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

I have just had another look at my medical records. It seems the person who started this whole saga with the Trust was merely a social worker (the 'appropriate adult'). One would have thought he would have needed my consent to share this information surely?

That person is seriously not on my Christmas card list.

[Amethyst]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

The full data on your file would not be available immediately to all staff in the NHS. It would be in your full notes which have to be requested and could take 24 hrs to come through - the notes that pop up on the screen if you go to A&E for example would just be the basic last few admissions etc data, not full medical history and background. I don't know if that helps set your mind at rest at all.

[ReallyIrked]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

The full data on your file would not be available immediately to all staff in the NHS. It would be in your full notes which have to be requested and could take 24 hrs to come through - the notes that pop up on the screen if you go to A&E for example would just be the basic last few admissions etc data, not full medical history and background. I don't know if that helps set your mind at rest at all.

Thanks Amethyst. That does help a little but I imagine all staff within the respective mental health services have full access?

[Amethyst]

Re: My NHS Trust is storing extensive data contrary to the Data Protection Act 1998

They would but not instant - ie. it wouldn't affect anyone's initial treatment of you - if something more major was being looked into (ie. you were admitted into hospital for any reason) they could pull up all the background data yes. But to be honest if it was a psychiatric assessment then the mental health team should have access to it. The point being, it wouldn't be popping up on all and sundries screens immediately.

( and that is about all I know I'm afraid )