Giant NHS database rollout delayed

http://www.bbc.co.uk/news/health-26239532

AKA 'Fcuking internet!'

I wonder if they will try and sneak something through instead.

I still want to know it had been planned to roll as with very short notice and without informing patients. It was only at a meeting when my old boss kicked up a fuss that they started mail-shooting everyone. Even then, the fact that people can be opted in without their consent but if a GP opts everyone out, they're in the mud for not consenting patients.

All so very sinister.

It needs to be opt in only. Otherwise we need to lynch the Data Protection Office, for failing to protect the public.

I've heard rumours the whole thing might be canned on the basis of cost and that this is a deliberate tactic.

The NHS Act ensures that it doesn’t have to be opt-out, which is why data protection legislation doesn’t apply here.

How can data protection not apply? The fact that they might have made a new law cannot erode peoples rights because shouldn't they be higher than the right of the government to cash in on plebs medical data?

It doesn't. The Social Care Act 2012 side steps it.


http://www.wired.co.uk/news/archive/201 ... -care-data

You also can't opt out of being recorded in the census, and you can't legally oblige the Post Office to forget your address. Prisoners cannot demand that the government forgets that they are supposed to be in prison. What makes you think that Data Protection is highest possible echelon of all law?

The thing about that is they didn't decide to allow patient choice. They had their hand forced. I think I mentioned above the my old boss kicked up a fuss. At a big meeting, my boss pointed out that as a GP, he was the data controller for his patients' data. If information was passed on to a third party that patients hadn't consented to, he as a data controllsr could be sued by his patients. On the flipside, if he didn't hand over the data, he could be sued by HSCIC for lack of compliance. He pointed out that it was unfeasible to expect him to notify every patient (as it would mean every person in the same house) so it would be easier for him to opt all his patients out, and that if it went to court, the law would be on his side.

Only then (after a standing ovation from other GPs), did HSCIC retreat with their tails between their legs and came up with the flyer plan.

I can understand the direct consent aspect, but that would not necessarily apply to medical research. My medical records being available to a hospital as I am wheeled into casualty is clearly a direct medical care use. The fact that my medical records being used by a researcher for a medical condition that I do not suffer is not really direct care, and so I should be asked for consent on each and every case.

I do not however think that my medical records being available to whom so ever wants them does not mean I will grant access. If the police want it then there is already a process for them to get it. The same applies to the security services, if they want it they can get a warrant. That stops them simply accessing everyones records.

Actually, it doesn't , it just stops them doing it legally.

The point being that the DataProtection Act can be trumped in a number of ways. I'd be interested to see if CloakedWolf's "sue the data controller" strategy would actually work, as it seems clear that the Social Care Act is designed to override the Data Protection Act.

As Shockwaffle points out, there are a number of ways that already exist that remove the Data Protection Act from the equation - and most, if not all, are there to ensure data can be controlled by Government and it's agencies. The Data Protection Act is primarily there to ensure private operators don't abuse your data.

The Social Care Act 2012 that bypasses the data protection act is in fact a license to kill act
if you are unable to afford care or treatment long term (ie don't own a house) they are able to refuse treatment or any long term care

the 'fact' of this data base is to make these decisions easier so treatment can be stopped in hospital(s) before they/them reach any type of needed long term care
if you do not have the funds to provide for this long term care via their/your assets, kiss your ass goodbye ...

Oh, look. ATOS will be extracting the data. http://www.telegraph.co.uk/journalists/ ... cords.html