Rank: New forum user
|
Just after some direction on the data protectection act.
Regarding the emergency services and first response like red cross and StJohn.
I look after a music venue and we use the red cross for our first aid cover, they use their standard forms which are great, however due to the data protection act we are not allowed to see the persons name and address. Which for us can somtimes hinder when a complaint comes in as we need to verify the name of the person making the complaint and the first aid form. The same goes for the amubulance service.
We do have a safe and secure place to hold personal information as we store our own internal forms which have all of the information including name address etc.
Is it unreasonable to ask to see this information from red cross and the ambulance service?
Cheers
|
|
|
|
Rank: Super forum user
|
Data protection can be a pain. Some people (who don’t understand the legislation) assume it means that personal information cannot be shared under any circumstances (probably the same ones that think H&S means removing all risk). What the legislation requires is that there is justification for any sharing of information. In this case there might be. You can also ways ask and explain what you intend to do with this information.
|
|
|
|
Rank: Super forum user
|
It's doubtful if dealing with 'complaints' would reduce the requirements of DPA. What is the nature of the complaint referred to here? The OP states they have their own record - presumably an incident/ accident record? Any other record held by a third party should be neither here nor there from the employer's perspective. If a MoP is intent on complaint/claim then the onus is on them to secure relevant information from the third party - a request that they cannot reasonably be denied - and their choice whether they wish to make this available as part of the evidence substantiating or proving their complaint.
Avoid knee jerk. Customer care and satisfaction is important, but isn't the be-all and end-all.
|
|
|
|
Rank: New forum user
|
Thanks for the quick replies.
The siuation is this, a person claims to have been assaulted in the venue and we have recieved a written complaint, so we now have this persons name etc.
However, the information i have from the red cross does not have any names on at all as i get the third copy with this blanked out so i cant tie a report up to the name of the person. It is likley that this person was seen to by the ambulance service who were also at the venue, i dont have any reports from them at all and i cant get them due to data protection.
In essence all i want is a report to tie into a name to verify if this person was seen and the extent of the injuries on the night.
Can i rightfully ask to see the completed document with the name on???
|
|
|
|
Rank: Super forum user
|
You cannot just ask for it. As a minimum it would require some form of data sharing agreement. That would seem most unlikely to ever occur. Look at this way, I give info to the emergency service for their purposes and not to be shared with 3rd parties. They must secure and protect that info in accord with the law and their policies. However, it is far easier to share info that has been de-personalised. That is why you can see details except those that identify me as an individual. You can find the code of practice for data sharing here. http://www.ico.org.uk/fo..._protection/topic_guidesClick on the topic guides at left hand side and then select 'data sharing'. p48
|
|
|
|
Rank: Super forum user
|
The simplest solution to your problem is to bring your first aid cover in-house.
|
|
|
|
Rank: Forum user
|
Just to add my twopenneth worth.....
If you are contracting your first aid out to SJA or BRC then they are working on your behalf and I don't see why they can't provide you with the information, as long as it related to an accident or incident on your property/venue and not say about a health condition. This would be similar to if you did this function in house, your first aider would complete an accident form and this would be subject to your internal policies and procedures on accident investigation, I trust that your internal first aiders wouldn't refuse to 'share' the information?
I don't think you can have the same priveledge with the Ambulance service.
I would suggest a conversation with your first aid provider and ask why they can't share, if they say because of the DPA then get them to specify in detail why and how the DPA applies.
|
|
|
|
Rank: Forum user
|
You could always respond to the alleged victim saying that you are investigating their complaint and request their permission to access full reports of any first aid treatment provided by SJA/BRC. If their complaint is legitimate I don't see any reason why they wouldn't give you their permission.
|
|
|
|
Rank: Super forum user
|
Next time, make sure the 3rd party First Aid providers use YOUR accident books (you can cover all that at the pre-start) and return them at the end of the Gig. Jobs a good 'un! In other respects, if you have a complaint of alleged assault, the victim should have reported it to the police. I would have expected the police to be doing a wee follow up with you thereafter. What about CCTV?
|
|
|
|
Rank: Super forum user
|
"I don't see why they can't provide you with the information"
Maybe because the injured/treated party has not given permission?
And the company first aiders wouldn't have to divulge information, they just note the info and after that it is the companies data protection policies which take over, and even they cannot allow any Tom/Thomasina, Dick or Harriet to access that data. The law is to protect the persons data, not the companies reputation or bottom line. I suggest getting legal advice.....this sounds like the usual fishing expedition to access data.
|
|
|
|
Rank: Forum user
|
Does anyone know of a helpline where you can get definitive advice on this kind of thing?
Getting similar issues in the workplace and it all seems a total nightmare !
Somehow "data controller" has now been filed under the H&S dept......
|
|
|
|
Rank: Super forum user
|
"Next time, make sure the 3rd party First Aid providers use YOUR accident books"
It still does not mean he would have access. he may not be an "authorised person" or "data controller" !
Now, if it was a small employer, even the cleaners would have access. More access than the data subject!
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.