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Data protection by Paul Byrne of Propelfwd
PROPELFWD recently hosted a free talk on data protection in the health sector, an area where compliance with the Data Protection (Jersey) Law 2018 (DPJL) is paramount.
The event featured an expert speaker who delved into the nuanced challenges faced by data protection professionals when handling sensitive medical information, underscoring the need for robust governance structures and informed practices.
Central to the discussion was the principle of proportionality and necessity in data collection. Health practitioners and administrators must ensure that only data strictly required for delivering care or fulfilling legal obligations is collected. Excessive data-gathering not only risks contravening DPJL but can also erode patient trust.
The expert highlighted that data collection should be purpose-driven, with a clear justification for every piece of information obtained. This ensures compliance with the principle of data minimisation, which is enshrined in the DPJL.
Consent, another critical topic, was explored as a legal basis for processing data. While obtaining explicit consent may appear straightforward, it was stressed that relying solely on consent can be fraught with challenges. For example, patients may feel pressured to agree, or they may withdraw consent at any time, complicating ongoing care.
One must also consider the power imbalance between a medical practitioner and a patient. Will the consent provided and scrutinised be true consent? Instead, the speaker suggested that practitioners evaluate whether alternative legal bases, such as the performance of a task in the public interest or compliance with a legal obligation, may be more appropriate. This approach offers greater legal and operational stability while safeguarding patient rights.
Data sharing between entities, such as general practitioners and hospitals, was another focal point. The discussion emphasised the importance of maintaining transparency and ensuring that information shared is necessary for the specific purpose. Inadequate protocols in such transfers can lead to breaches of confidentiality and compliance failures.
Special attention was given to data requests from law enforcement agencies, such as the police. The expert explained that while public safety is a valid concern, practices must scrutinise such requests carefully, ensuring they are lawful, proportionate and adequately documented to avoid misuse or overreach.
Although requests from law enforcement agencies can sometimes be extensive, opening a dialogue with the agency’s data protection officer to understand their needs and reasons is essential. Law enforcement has a legal basis under the DPJL to receive this information, and recognising this is vital.
Finally, the talk underscored the importance of having skilled DPOs and Caldicott guardians within healthcare practices or data governance teams. These professionals play a pivotal role in ensuring that data-handling complies with legal requirements while prioritising patient confidentiality.
A well-informed DPO and an active Caldicott Guardian provide the expertise needed to navigate complex scenarios and foster a culture of accountability within the organisation.
This event underscored the critical importance of healthcare providers engaging with data protection laws such as the DPJL. Compliance is not merely a legal requirement but a cornerstone for building patient trust and maintaining the credibility of the healthcare system.
At Propelfwd, we are committed to supporting healthcare professionals in navigating these complexities. Our bespoke DPO services are designed to meet the unique needs of your organisation, providing expert guidance and strengthening your data protection framework. Contact us today to explore how our team can deliver tailored solutions to enhance your data governance practices.
