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What's the legal status and overall vibe of something like this in the UK? The most basic issue is that health records about an identifiable individual are cla
by Silhouette 10y ago
What's the legal status and overall vibe of something like this in the UK?
The most basic issue is that health records about an identifiable individual are classified as "sensitive personal data" under the Data Protection Act, which is our primary privacy legislation. As such, there are several extra conditions that apply, in addition to all the ones covering all personal data, which constrain how "data controllers" and "data processors" are allowed to use that data. (The technical terms are defined in the Act itself.)
A lot of the details discussed in the original report are relevant because in this case the "data subjects" (the patients) did not give their explicit consent. There are specific conditions required under the Act for processing sensitive personal data without such consent, and it's not clear whether this agreement met them, for reasons such as those discussed in the report we're talking about. If in fact the conditions were not met then a lot of people have probably broken the law, and both the organisations involved and their officers are potentially guilty of offences.