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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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RE DATA PROTECTION ACT AND DISCLOSURE OF PERSONAL DETAILS *

Resolved Question:

RE DATA PROTECTION ACT AND DISCLOSURE OF PERSONAL DETAILS
* I am a Governor of an NHS Foundation Trust.
* There was a Complaints process between 2 Governors, that starggled for 5 months..
* One of the Governors circulated his resignation from the Trust...and threatened legal action .
* I feel concern, and set myself to offer draft guidelines on Early Resolution.
( I have background on Complaints procedures)
* To do this I was keen to know what happended at the Committee dealing with the
complaint, and so asked to have sight of the notes.
* Reply confidential:- But
There is no longer an ongoing process....the one party is no longer with the Trust..and
I am basically trying to act ijn the Trusts's interest.
*Please as the one party has left the Trust....does confidentiality still appply?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Could I trouble to confirm the exact nature of the information that you believe may be confidential? What harm will be suffered if it is disclosed? Does it contain any data that can be used to personally identify some one?
Kind regards
AJ
Customer: replied 1 year ago.

The excat nature of alleged cofidential information are submissions given by both parties at thie Nominations and Conduct c'ee hearings..
i.e

Complaint Allegations..Defence

Re Harm suffered if disclosed. I would say none. Indeed it could be of benefit to the Trust...as I could peruse and tuck in results of perusal into my guidelines

Re data that could be used positively to identify...None
Address would not be disclosed..etc

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
If there is no personal data in the notes then the Data Protection Act 1998 will not apply to these notes. Only personal data is covered by the Data Protection Legislation.
If you are the Governor it is your duty to keep information with a "quality of confidence" confidential. As you are the manager and keeper of the information there is no reason why it should not be disclosed to you.
Is it the trusts normal process to keep all committee meetings confidential?
Kind regards
AJ
Customer: replied 1 year ago.

No the main committee meeting the governors council is not confidential.

But the chair of the Trust keeps the Nominations and Conduct C'ee meetings confidential...No observers...No substantive reports even with anonymised names..comes to the main Council.

But another factor is Governors are elected to this Nomainations and C Committee.

Now the officers say they are elected to conduct confidential matters.
But there are is aConstitutional porvision in the Terms of Reference...
accountability to the main meeting...

Another aspect,,,,,inconsistency the voted in Governors are trusted with confidentiality..others not!!!

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Who actually owns the notes and who holds a copy of them.
Really this is not so much about breaching confidence, it is about physically obtaining the notes. We need to establish whether you have some legal authority to demand that the notes are delivered up.
By with holding the notes is the other party acting other than in the best interests of the Foundation?
Kind regards
AJ
Customer: replied 1 year ago.

The notes I guess are owned by the Trust Secretary.

Possibly I have authority..Public represetantive requesting information.

The Chair of the Trust and Senior independent Director are only witholding through insistence to keep confidentiality

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
If it is policy that all committee meetings remain confidential, is there a compelling reason why this should change just because the subject of the meeting has since left?
Kind regards
AJ
Customer: replied 1 year ago.

It is protocol that Nominations and C, Committee meetings remain confidential.

But under the constitution of this committtee need not be!

No the key point is we have a one off situation...my request....triggered by one party leaving the trust.

I guess no precedent.

Compelling reason that this should change..yes in so far as this provision for accountability to the main committtee.

compelling reason because of my request No. But I repeat a one off situation

Sorry to give more than one thread

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
I am happy to assist as far as I can.
I think from what you are saying the only solution is to change the committee policy and constitution of the foundation to allow the committee meetings to be visible to the trustees. It appears that there is no other way to force the committee members to overlook their confidentiality obligations unless they have the power to do so?
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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