The Act details for the activities where the processing of personal data would be lawful. The CPS is sometimes asked to supply to third parties copies of documents held in prosecution files. We cannot provide details of another person this way. If the law requires you to use or disclose information, you must do so. If you are approached by the police, stay calm and professional and remember to follow the basic principles of good medical practice and confidentiality, as set out by the GMC. the Police Collision Report, the Forensic Collision Investigators Report together with accompanying photographs, plans, CCTV footage and note book entries of reporting officers) should be dealt with within 4 months and no later than 6 months of the collision/incident. Based on this information, our adviser suggested that one of the GPs in the practice who was familiar with the patient speak directly to the FME to provide him with the appropriate information. In determining whether an award is payable, and the amount, it is open to the CICA to take into account - among other things - the conduct of the applicant before, during or after the event that gives rise to the claim, and to his or her character and way of life. What is the status of my DBS application? No evidence or documents in the wardship proceedings or information about wardship proceedings should be disclosed in the criminal proceedings without the prior leave of the wardship court. But it follows from the principle set out above that the CPS may legitimately regard the police, at least in some instances, as the more appropriate authority to take decisions about onward disclosure.
You can use and disclose a patient’s health information for the primary purpose for which you collected it.
This duty extends to investigating all the circumstances relevant to the proceedings, and material in the possession of the CPS may be of considerable importance to the local authority which may not be able to proceed properly without it. The fact that the police do not pay a retainer to the CPS in the same way that a private client would to his solicitor does not affect the nature of the advice that is sought or given. Other obligations, such as your duty of confidentiality, may affect whether you can disclose information to enforcement bodies. It must be made clear that disclosure is made only for the purposes of the investigation in question. Refer to Private Prosecutions, elsewhere in the Legal Guidance.
there was no evidence that a warrant required the disclosure, there was no suggestion that the officer’s phone call related to an ‘enforcement related activity’. In addition, you should only use or disclose the minimum amount of information necessary to achieve the purpose. The police have asked me for a statement for the coroner following the unexpected death of a patient. We consider that it would be wrong to use the statement for any other purpose without consulting the maker. As detailed above in the general principles to be followed when considering any request from a third party for disclosure, the consent of the data subject should always be sought where possible and practicable.
This is a fictional case compiled from actual cases from our files. These should be referred to the Chief Crown Prosecutor or Deputy Chief Crown Prosecutor or the specific point of contact designated to deal with such requests. It must only be taken if the doctor in charge of the patient’s care has been notified of the intention to take blood, and has not objected on the grounds that such action would be prejudicial to the patient’s care. You'll notice a few things have changed on our website. Under s.426 of the EGPA, employees who gain or have access to student personal information, must not make a record, use or disclose the information unless one of the …
These requests will usually relate to the disclosure of details of the case in which the member of the profession appeared as an advocate or a witness, and may possibly involve a request to interview, or to receive a written account of the hearing by, a member of the CPS staff who was present.
The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. To find out more or get an update on a security check that has taken longer than 60 days, visit our What is the status of my DBS application? © Copyright 2017 CPS.
The practice manager rightly asked the police officer whether he had consent from the patient authorising disclosure … We have years of experience in advising on such requests; below are some scenarios we have assisted members with: The police have requested the medical records of a patient of mine who has been arrested. Suspects who are prosecuted are entitled to have their guilt or innocence established with all the safeguards of a criminal trial, including the rules of evidence. Prosecutors are not being asked to and should not speculate about the reasons.
The police will deal with requests for disclosure of information by those conducting civil litigation. You can only use or disclose a patient’s health information for a secondary purpose in the circumstances set out below. The driver had apparently, seconds after the photo was taken, been involved in an incident in which a pedestrian was injured after the car emerged from the surgery car park.