Contraventions of the Data Protection Act - NHS Trust

[totally_pennyless]

Dear all,

 

I unfortunately suffer from chronic depressive illness and have done so for many years with the condition significantly worsening over the past few years.

 

In the year 2011 I had been subject to police investigation. I attended a police interview on a voluntary basis.

 

Due to my debilitating depression I had an appropriate adult also attend this interview who I understand was a social worker at that time.

 

The social worker, without my explicit consent, went on to record the details of the alleged criminal charges I faced on the NHS Trust’s IT system and within my electronic patient records. This information is categorised as highly sensitive information as defined under section 2 (h) of the Data Protection Act and the Trust seemingly recorded this information unlawfully. Their response however is that the processing of this information was 'necessary for medical purposes'.

 

The criminal matter has been long since disposed of in my favour however the Trust are continuously processing this information wherever and whenever possible.

 

I am not clear on whether or not explicit consent was needed here. It seems to me it was.

 

I should be most grateful for any input.

Edited December 4, 2015 by totally_pennyless

[silverfox1961]

Hi

Although I feel clarification from the information commissioner would be useful for you my instinct is that the social worker probably did the right thing.

 

The recording of sensitive data on your medical records is for your benefit should something happen to you. It will only be disseminated to other parties within the NHS to assist in your treatment.

 

You can send the GP a request not to share sensitive data with other bodies.

 

That is my OPINION only, not a direct fact and you should wait for others to comment.

[totally_pennyless]

Hi

Although I feel clarification from the information commissioner would be useful for you my instinct is that the social worker probably did the right thing.

 

The recording of sensitive data on your medical records is for your benefit should something happen to you. It will only be disseminated to other parties within the NHS to assist in your treatment.

 

You can send the GP a request not to share sensitive data with other bodies.

 

That is my OPINION only, not a direct fact and you should wait for others to comment.

 

Thanks silverfox1961.

 

The sensitive information was shared within my mental health records. The Trust are refusing to amend the entries.

 

My previous experiences with the Information Commissioner has not been positive. I find them to be rather toothless.

 

I have started taking legal action against the Trust.

[totally_pennyless]

Dear all,

 

I have issued a County Court claim after the other side disregarded my pre-action letters.

 

The other side failed to issue a defence so I successfully applied for a default judgment.

 

4 weeks later (today) the other side then apply for a strike out hearing.

 

Can they do that once a default judgment has been entered? How does CPR 12.3 (3)(a)(i) apply?

 

Many thanks in advance.

[Ganymede]

What else did they say in their application?

 

Was it also to set aside the default judgment?

[totally_pennyless]

Hi,

 

Nope, just an application with the attached grounds.

[AndyOrch]

Power to strike out a statement of case

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

 

 

 

 

12.3

 

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

 

 

12.3

(3) The claimant may not obtain a default judgment if –

(a) the defendant has applied –

(i) to have the claimant’s statement of case struck out under rule 3.4; or

(ii) for summary judgment under Part 24,

and, in either case, that application has not been disposed of;

[totally_pennyless]

Thanks. I had already figured that part out.

 

I am not sure if 12.3 (3)(a)(i) means it is too late in the day for a strike out.

 

Also, because they failed to respond to the letter before action and file a defence does that mean there will be little chance of them successfully applying for costs? The claim was likely to be allocated to the small claims track.

[AndyOrch]

I suppose it depend on what date the application was made.....they only refer and rely on to 3.4 2a ...not relying on 12.3 (3)(a)(i)

 

(3) The claimant may not obtain a default judgment if –

(a) the defendant has applied –

(i) to have the claimant’s statement of case struck out under rule 3.4; or

(ii) for summary judgment under Part 24,

and, in either case, that application has not been disposed of

 

" and, in either case, that application has not been disposed of " is key....and the date is was made?

 

Irrespective of track ...costs in applications are usually granted.

[totally_pennyless]

They made it yesterday which is 4 weeks after the default judgment was granted.

 

Are you saying I am screwed in terms of costs if I lose even though they failed to comply with the Practice Direction and CPR?

[AndyOrch]

Only if the application is allowed/successful...which I doubt it would be.Have you received this (N244) only from the Defendant ? not the court ?

[totally_pennyless]

Yes, I only received that directly from the solicitors the other side instructed.

 

Good news about the costs.

[AndyOrch]

I would wait until the court officially notify you if there is going to be a hearing to consider if at all....you must consider that they are trying to strike out a judgment in effect...normally you make application to set it a side the judgment first and then try to strike out....the court should simply respond that they did not acknowledge service ...did not submit a defence and waited 4 weeks after default judgment...and then they still got it wrong...see what transpires.

 

Andy

[totally_pennyless]

Thanks Andy. You are a fine fellow! I'll let you know what happens.

 

I suspect they did not try to set aside the judgment because they knew they would have problems doing so.

 

Seems their strike out application is an abuse of process.

[andydd]

Surely if judgement is given them it's too late to strike out, it's all over !?.

 

Strike out applications are supposed to be done very early, normally after acknowledgement and before allocation (as its pre allocation to track, the small track rules don't apply and you can claim costs).

 

It maybe possible as suggested above for s set aside to be done and then a strike out application applied for

 

But surely a strike out at this stage is impossible or an abuse of process. In any event if the strike out has no hope of success then let it go ahead and get costs (even at LiP rates you could get a few hundred quid, although as mentioned earlier normally all this is done pre allocation).

 

Just had a look at attachment and I agree with comments above, surely it maybe possible IF default judgement is set aside first BUT they would need to explain to court why set aside should be granted and why they didn't file docs on time, a judge will want to hear a good reason and will be quite harsh if a solicitor is involved, a LiP may get a bit more leeway.

[Ganymede]

I agree, the application should be to set aside AND a strike out.

 

As judgment has been awarded they can't now apply for a strike out alone.

[totally_pennyless]

Thanks Andy.

 

I would agree it seems an abuse of process. It appears they are making every effort to bypass the case law with respect to set aside applications. See http://www.ealaw.co.uk/articles/cpr-part-3-9-the-new-guidance

 

Moreover, where does all this leave me in terms of being on an equal footing?

 

Indeed. I suspect they are trying to save costs too.

[andydd]

I would of thought the court take no notice of this as case had ended. But maybe they would tell them they need to apply to set aside or at least try.

 

Whatever happens it's looking dodgy got them and they could be liable for all sorts of extra costs.

[totally_pennyless]

I would certainly hope so but judges aren't infallible it seems.

[Ganymede]

A judge probably hasn't seen the application yet.

[totally_pennyless]

Probably not. I am seriously hoping the respective judge is switched on enough. Those cheeky buggers...

 

I will post the upshot as soon as I hear more.

[AndyOrch]

I would execute your judgement in the meantime

[totally_pennyless]

The Judgment Hearing is currently scheduled for the 29th March so full steam ahead.

[AndyOrch]

Judgment Hearing ?

 

I thought you had already requested judgment 4 weeks ago?

[AndyOrch]

Ignore the above...default judgment from CCBC I assume so transferring it to your local CC for execution?