Request from Police to give details of ex-patients address as staff member reported the patient to the police.

Mrs Elaine Cook made this Rhyddid Gwybodaeth request to NHS Protect

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear NHS Protect,

A member of staff was appallingly and verbally abused by a patient and witnessed by colleagues. This caused the member of staff to go off sick due to anxiety of the abuse and she was afraid to come to work in case she saw the patient again. Patient was removed from our list. The member of staff has logged the incident with the police independently and the police have written to me requesting the home address of the patient.

Am I able to provide this information to them, or would this be considered a breach?

I want to support my staff and I want to do right the patient.

Yours faithfully,

Elaine Cook

NHS Protect

2 Atodiad

This email was classified as OFFICIAL on 01/09/2016 10:16:39 by Chirag
Makwana

Hi Elaine

Thank you for your email. It has been passed on to our Information
Governance Lead, who will be in touch with you in due course.
Kind Regards
NHS Protect

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From:        Mrs Elaine Cook <[FOI #355673 email]>
To:        FOI requests at NHS Protect
<[NHS Protect request email]>
Date:        01/09/2016 10:14
Subject:        Freedom of Information request - Request from Police to
give details of ex-patients address as staff member reported the patient
to the police.

--------------------------------------------------------------------------

Dear NHS Protect,

A member of staff was appallingly and verbally abused by a patient and
witnessed by colleagues.  This caused the member of staff to go off sick
due to anxiety of the abuse and she was afraid to come to work in case she
saw the patient again.  Patient was removed from our list.  The member of
staff has logged the incident with the police independently and the police
have written to me requesting the home address of the patient.

Am I able to provide this information to them, or would this be considered
a breach?

I want to support my staff and I want to do right the patient.  

Yours faithfully,

Elaine Cook

-------------------------------------------------------------------

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dangos adrannau a ddyfynnir

NHS Protect

2 Atodiad

This email was classified as OFFICIAL  on 02/09/2016 14:11:26 by Helen
Moore

Elaine,

Thank you for your enquiry.

The Data Protection Act provides an exemption to non-disclosure of
personal data where processing is undertaken for certain crime related
reasons.

Section 29 reads as follows:

        (1)Personal data processed for any of the following purposes—
        (a)the prevention or detection of crime,        
        (b)the apprehension or prosecution of offenders, or        
        (c)the assessment or collection of any tax or duty or of any
imposition of a similar nature,
       
are exempt from the first data protection principle (except to the extent
to which it requires         compliance with the conditions in Schedules 2
and 3) and section 7 in any case to the extent         to which the
application of those provisions to the data would be likely to prejudice
any of         the matters mentioned in this subsection

This means that where a decision is made to disclose information for one
or all of the purposes, then you would not be in breach of the Act.

Where it is considered that withholding personal information would be
likely to prejudice a police investigation then you should consider
disclosure of the information.

I would suggest that the decision is undertaken by a staff member at
senior level and the reason for the decision documented.

If you have any further questions please address them to
[NHS Protect request email]

Regards,

NHS Protect
Fourth Floor, Skipton House, 80 London Road, London, SE1 6LH
Tel: 0151 426 9941

[1]www.nhsprotect.nhs.uk

[2]Report NHS fraud  [3]Tackling fraud and managing security

Report NHS fraud online at [4]www.reportnhsfraud.nhs.uk

NHS Protect is the operating name of the NHS Counter Fraud and Security
Management Service which is provided by the NHS Business Services
Authority.

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References

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