Tuesday, 27 August 2013
"People can try to reinvent themselves. I don't think you can really change who you are, though, because who you are is pretty much where you came from and what you've done up to now."
Eminem
Wise words indeed from the forty year old rap artist.
I like the idea of reinvention; to change myself completely, to try out a little metamorphosis and become another being, to slip out of my old skin and become something quite different. To jump out of my very own cocoon and come out as something quite different to what I was before. Perhaps it isn't necessary, you could just reinvent parts of your life, little parts that could be changed into something completely different, perhaps your history, your past. Then if you believed it enough, you could make it true. It would be real because you made it so.
If you believed it enough it could change everything, self belief is a powerful thing. I believe it therefore it is true. I am this, I am that, I am whatever I want you to believe I am. I think people already do that, I don't think I'm making revelations, I just think that some people are better at it than others. Being candid, wearing your heart on your sleeve can be very endearing, but sometimes it might be better to lie and let people see what you want them to see, that way you can leave the reinvention to them. They can recreate you in their eyes and you can just nod your head and go along with it.
I think that's what I shall do, as long as they don't change me into something I don't like.
The above picture is of a piece of artwork by Kate MacDowell, more of her work can be seen on http://katemacdowell.com/index.html I think the picture suited my mood. The one at the top of the page is called "The God of Change" which I thought was rather appropriate.
Monday, 26 August 2013
On being insane in insane places.............
I don't know if you've ever heard of the Rosenhan experiment in 1973, it was a psychological experiment to explore the validity of psychology diagnoses. David Rosenhan called it "On being insane in insane places." It plays an important role in the study of psychology from A level standard up to degree level. It is still believed to be a significant piece of research today on the validity of a psychiatric diagnosis. It's enough to give you sleepless nights..........
What happened was this; there were twelve students and there were two parts to the study. The first part of the experiment consisted of eight healthy students, three women and five men, who pretended that they were suffering from hallucinations and attempted to get admitted to 12 different psychiatric hospitals in over 5 states in the USA, they were ALL admitted with psychiatric disorders. AFTER admission they behaved normally and told the staff that they felt quite well and were no longer experiencing hallucinations. But in order to guarantee their release they were all forced to admit they were mentally ill and take antipsychotic drugs as a condition of being released. All except one were diagnosed with schizophrenia, even though there was nothing really wrong with them in the first place.
"These pseudo-patients telephoned the hospital for an appointment, and arrived at the admissions office complaining that they had been hearing voices. They said the voice, which was unfamiliar and the same sex as themselves, was often unclear but it said 'empty', 'hollow', 'thud'. These symptoms were partly chosen because they were similar to existential symptoms (Who am I? What is it all for?) which arise from concerns about how meaningless your life is."
"Each pseudo patient had been told they would have to get out by their own devices by convincing staff they were sane."
In the second part of the study, the hospital administration of one hospital who'd taken offence at Rosenhan's study challenged him to send more "normal" patients to their hospital to prove that they could identify them. Rosenhan agreed to this and in the next few weeks out of nearly 200 patients the hospital detected 41 as perfectly normal (referred to as "psuedopatients") and 19 were suspected by one of the hospital psychiatrists and another member of staff. However, Rosenhan had not sent ANYONE to the hospital.
The BBC did something like this again on the Horizon programme in 2008 called "How mad are you?" There were ten subjects, with five having previously diagnosed conditions, and five who'd never had anything wrong with them. Three experts were used to determine which five had mental health problems, two were identified correctly , one was misdiagnosed and two healthy patients were diagnosed with mental health problems.
It's enough to keep you away at night - isn't it? And that's always been one of my major fears; being misdiagnosed with a mental health problem and never being able to leave, until in the end you DO end up with a mental illness, like a self fulfilling prophecy, oh that and being locked up for a crime you haven't committed.
A copy of the study is here if you'd like some sleepless nights:-
http://www.holah.karoo.net/rosenhanstudy.htm
On a final note Rosenhan said this:
"Rosenhan explains that psychiatric labels tend to stick in a way that medical labels do not and that everything a patient does is interpreted in accordance with the diagnostic label once it has been applied."
You'd like to think things have changed, however with the stigma faced by millions of people everyday suffering from mental health issues you wonder whether the actual diagnosis is the beginning of your problems not the end and although his study was conducted over thirty years ago, keeping in mind the 2008 BBC Horizon programme it makes you wonder whether anything's really changed.
Whatever you do, don't complain about how meaningless your life is in public.......
What happened was this; there were twelve students and there were two parts to the study. The first part of the experiment consisted of eight healthy students, three women and five men, who pretended that they were suffering from hallucinations and attempted to get admitted to 12 different psychiatric hospitals in over 5 states in the USA, they were ALL admitted with psychiatric disorders. AFTER admission they behaved normally and told the staff that they felt quite well and were no longer experiencing hallucinations. But in order to guarantee their release they were all forced to admit they were mentally ill and take antipsychotic drugs as a condition of being released. All except one were diagnosed with schizophrenia, even though there was nothing really wrong with them in the first place.
"These pseudo-patients telephoned the hospital for an appointment, and arrived at the admissions office complaining that they had been hearing voices. They said the voice, which was unfamiliar and the same sex as themselves, was often unclear but it said 'empty', 'hollow', 'thud'. These symptoms were partly chosen because they were similar to existential symptoms (Who am I? What is it all for?) which arise from concerns about how meaningless your life is."
"Each pseudo patient had been told they would have to get out by their own devices by convincing staff they were sane."
In the second part of the study, the hospital administration of one hospital who'd taken offence at Rosenhan's study challenged him to send more "normal" patients to their hospital to prove that they could identify them. Rosenhan agreed to this and in the next few weeks out of nearly 200 patients the hospital detected 41 as perfectly normal (referred to as "psuedopatients") and 19 were suspected by one of the hospital psychiatrists and another member of staff. However, Rosenhan had not sent ANYONE to the hospital.
The BBC did something like this again on the Horizon programme in 2008 called "How mad are you?" There were ten subjects, with five having previously diagnosed conditions, and five who'd never had anything wrong with them. Three experts were used to determine which five had mental health problems, two were identified correctly , one was misdiagnosed and two healthy patients were diagnosed with mental health problems.
It's enough to keep you away at night - isn't it? And that's always been one of my major fears; being misdiagnosed with a mental health problem and never being able to leave, until in the end you DO end up with a mental illness, like a self fulfilling prophecy, oh that and being locked up for a crime you haven't committed.
A copy of the study is here if you'd like some sleepless nights:-
http://www.holah.karoo.net/rosenhanstudy.htm
You'd like to think things have changed, however with the stigma faced by millions of people everyday suffering from mental health issues you wonder whether the actual diagnosis is the beginning of your problems not the end and although his study was conducted over thirty years ago, keeping in mind the 2008 BBC Horizon programme it makes you wonder whether anything's really changed.
Whatever you do, don't complain about how meaningless your life is in public.......
Friday, 23 August 2013
How to access the medical records of the deceased
People are often confused about how to access medical records especially those of the deceased. When I worked for the NHS it wasn't unknown for people to request the medical records of the deceased quoting the Data Protection Act 1998. Unfortunately, the Data Protection Act 1998 only covers the data of living persons. So, if you feel there is a good reason why you should access the health records of, say a deceased relative, how should you go about this?
People sometimes think that if they can no longer access the notes of the deceased via the DPA Act 1998 then they can take the route of the Freedom of Information Act 2000 instead. Although there are no specific exemptions regarding the deceased, it is likely it will be made exempt under the provisions of the confidentiality exemptions (FOI). If someone wishes to access the health records of someone who died after 1991 then they can access them via the Access to Health Records Act 1990 under section 3 (1) -
Access to Health Records 3 (1) :-
(f) where the patient has died, the patient’s personal representative and any person who may have a claim arising out of the patient’s death.
If you have a claim arising out of the patient's death or you are a personal representative of the patient then you may be allowed access to the deceased person's notes. However, you would in all likelihood have to provide proof of this.
"To see a deceased person’s health records, applicants may be required to provide evidence to support their claim and may need to provide evidence of their identity."
Further advice can be found at NHS Choices :-
http://www.nhs.uk/chq/Pages/access-to-medical-or-health-records-of-someone-who-has-died.aspx
People sometimes think that if they can no longer access the notes of the deceased via the DPA Act 1998 then they can take the route of the Freedom of Information Act 2000 instead. Although there are no specific exemptions regarding the deceased, it is likely it will be made exempt under the provisions of the confidentiality exemptions (FOI). If someone wishes to access the health records of someone who died after 1991 then they can access them via the Access to Health Records Act 1990 under section 3 (1) -
Access to Health Records 3 (1) :-
(f) where the patient has died, the patient’s personal representative and any person who may have a claim arising out of the patient’s death.
If you have a claim arising out of the patient's death or you are a personal representative of the patient then you may be allowed access to the deceased person's notes. However, you would in all likelihood have to provide proof of this.
"To see a deceased person’s health records, applicants may be required to provide evidence to support their claim and may need to provide evidence of their identity."
Further advice can be found at NHS Choices :-
http://www.nhs.uk/chq/Pages/access-to-medical-or-health-records-of-someone-who-has-died.aspx
A love letter to Twitter....
Twitter, you love me right? You love me till you can’t get enough of me right? You want to hold me till the sun goes down right? See my latest pic, I look so cute don’t I, with my hair combed forward and my pretty pouting lips, and my eyes Twitter, don’t my eyes look ever so flirty, so come hither, so big, don’t you just want to get closer to me Twitter, don’t you just love me Twitter, right? Just the right amount of misty-eyed loveliness.
And when something REALLY political and important happens Twitter
and I can think up just the right soundbite Twitter, you’ll retweet me Twitter
and then EVERYBODY will love me Twitter, everybody will love me just the way
they should and when I’m down, someone will offer to hold me and tell me it’s
okay, because I live in Twitter, THIS IS MY HOME, I’m popular Twitter, here in cyberville where you
can be whoever you want to be. I don’t know those losers in their sweaty little
clothes, in their sweaty little houses
in their sweaty little bedsits, hoping that they’ll meet me one day and that I’ll
fall in love with them them right? It's just like I’m a celebrity Twitter, just like I’m
a celebrity, a CELEBRITY ON TWITTER!
I only follow special people, people who are special just like me, people who love me and think I'm great, people who tell me all the time how special I am, how funny I am, how everything I say is sooooo witty and funny and amazing. I ignore the ORDINARY people Twitter, because they're such plebs, they have no place in my special world of special people, who are famous for being special and funny and witty and amazing, just. like. me. And when those special people tell me how great I am, well I retweet it OVER and OVER again, so everybody else knows how SPECIAL I am!!
S.W.A.L.K
Thursday, 22 August 2013
Simulacrum
Muriel examined her own image using a variety of different methods, and in each one her reflection seemed to take on a different identity each time. It was almost as if she were several different people at once. Muriel often thought that she wasn’t altogether sure who she was at all anymore. If her own reflection could deceive her in this way then how could she be really sure of who she was? She would often feel her face and stroke her features slowly of an evening so that she could be reassured by the tracing of those familiar lines of nose, mouth, and cheeks, so that she could see and feel that she was really herself and not someone else. She wasn’t sure who she was and if she wasn’t Muriel, (and she knew that she was starting to believe that she could in fact be several different people at once), then who were all these different reflections staring back at her?
She saw nothing abnormal in her behaviour.
She was starting to feel quite disturbed by all of these multiple and warped images of herself. She needed to guarantee that she (if this was in fact her and not some a collection of ‘others’ that were trying to impersonate her) could look the same in any reflection at any given moment regardless of which angle she looked at.
She came up with a variety of ideas on how to achieve this
and finally whittled them down to two final ones that were the most engaging
and workable (at least in Muriel’s mind).
The first one was to purchase more mirrors and place them strategically
around parts of the house that could chart her reflection from any angle at any given
moment. Then she could check how she looked and whether or not she was metamorphosing
into someone else, and catch it in time. But she would always look different in
each reflection wouldn’t she because this was how it worked? Therefore, what
would be the point, and if she did catch herself changing then what could she
actually do about it?
Her second idea was far more radical than the first. If she
had some kind of surgery perhaps to certain parts of her face, (the aim would
be to make it more symmetrical), then perhaps her image would look exactly the
same then in each reflection she caught herself in. All she needed was perhaps a half face-lift
to the lower half of her face to give her jaw better definition and then she
realised that her eyelids where perhaps more hooded than she realised and that
the mirror was not deceiving her, or was it? She would need the top part of her
face lifting as well. Therefore, she would have a full face lift; this would
make everything clearer to her. Then she
WOULD look the same in every reflection because her face would have been
stretched to accommodate any given reflection or mirror image.
There was also the small issue of how she was going to finance this. She could take out a modest loan, something which would tide her over and pay for any work to her face and also provide enough to pay for any extras just in case there were complications, for after care and such like, not that she foresaw anything untoward happening.
Muriel suddenly felt her stomach tighten and she felt clammy
all over, she had caught another perhaps an even more grotesque image of herself reflected
in the coffee table, she was almost too afraid to look. What kind of sick joke
was this? This was wrong, her mind felt violated. Her chin was dropping and her
face looked puffy and swollen, and why wasn’t her face staying where it was?
Her chin hadn’t done that before, and those wrinkles around her lips were vile,
they were more than vile, they were enough to make someone sick. How could she
go outside looking like that? Why the shock of it would be enough to kill
someone.
If that was in fact her.
She stopped for a moment. Perhaps it was someone else,
something else, some maleficence, some twisted creation from hell. What if she was possessed? There were some things that couldn’t be explained,
things that even the laws of physics could offer an explanation for. She knew,
she’d read about it on the internet. Dear
God this was getting too much. The
confusion she was feeling filled her with the kind of dread and terror she
could barely cope with. Something could
be living within her, residing within her very being, clawing their way through
her intestines, squeezing their way through her veins. Their occasional appearances were carefully
staged in order to show her their insidious powers and how much sway they held
over her. She knew that she did not look
this bad really, she had always been an attractive woman and she had now come
to realise that these sick visions from hell bore no relation to how she knew
she really looked.
She would go ahead and book the surgery. She rested her
plump fingers on her knees; she was starting to feel much more relaxed now. She
felt she had made a sensible if monumental decision about her future, but this
would be the best way to deal with it and her terrible situation.
She also thought that she could put a mirror on the ceiling
just above her head as she faced the front door, this was almost an afterthought really. When she looked up she would
see a true likeness of herself because when she looked up she saw the person
she really was – the tight skin, the familiar expression, the bright eyes.
She eventually decided upon nine extra mirrors and also
invested in a rather expensive Nikon Coolpix P510 Bridge Camera which was just
under £300, but was a rather handy piece of equipment for taking pictures of
her real self ,and also, this camera was clever enough not to lie to her like
all the others did.
However, she found that there was always somewhere in some
part of the house where she found a rather startling image or reflection of
herself which took her by surprise and filled her with terror.
Muriel also went ahead and had the surgery as well as investing in the camera and the mirrors, and her face was
stretched into a blanched mask of smoothness, a perfect one dimensional symmetrical
mask of blemish free skin, a blank canvass of youth. She was pleased with what it gave her, hope and certainty. The mirrors, the frightful reflections of the horror masks that
had visited her without mercy would be a thing of the past. It would no longer
matter from which angle she looked, only the face she had put
there would stare back at her, those sprites of terror, those mimesis of the
night would no longer haunt her dreams or invade her mirrors.
**********************************************************************************
When they eventually saw her they were so shocked they could barely speak, whoever had done this to her face must have been blindfolded; Jesus, had she paid someone to do this her?
Of course Muriel took this reaction to mean something completely different. From what she understood, these ghouls of terror, these representations of horror had returned, to fill her days and nights with terror.
Speechless
Open
thy mouth for the dumb in the cause of all such as are appointed to
destruction.
What does the world sound like when it can no longer speak? Can it live without the spoken word?
The world is about to be silenced. There is a gas, not enough to kill but one that attacks the vocal chords. No one knows exactly where it came from. There are various theories but no one can pinpoint exactly how it came, and perhaps more importantly, no one knows how to reverse its effects. The world is transfixed by its own muteness.
People aren’t affected all at once; its effects are piecemeal and gradual. Some towns and cities are affected quicker than others depending on how clear the air is. The countries who have made determined efforts to control and eliminate pollution suffer the most. It is easier for the gas to travel and permeate the air like a poison. In others, where pollution is more widespread, where governments have paid little notice to control their gas emissions, are slower to be hit. How ironic. The gas travels slower through the already noxious air; an invisible invader that finds its way into the human body. An irritant that cannot be expelled, the left and right bronchi allows the trespasser in with a whisper; the bronchiole tubes pave the way for its conqueror.
The gas does not affect the lungs however, its only function is to deaden the vocal chords to a rasp of silence, and this it does with great effect. No one is immune except animals, insects, and birds. Governments, scientists and the experts are at a loss as to what to do, no one really even knows what the gas is made of, and how it does what it does, least of all how to undo what it has done.
It is the epoch of a new dawn where man communicates only by
electronic means, and is no longer reliant on speech. It is a battle to create more sophisticated
technology to deal with this new form of communication, to develop more
sophisticated technology than what already exists. Technology needs to go
beyond the IPhone, the IPad, and the Blackberry, and to create something for
which man can make eye contact with fellow man. The government feels this is
important, and is concerned at the lack of “feeling” between fellow humans,
that could lead to misunderstandings, savage internecine warfare between groups
of people which could escalate into something far more serious. A “feelings”
zsar is appointed to encourage more eye contact, and to emphasise the
importance of hand signals, and gestures. There is a certain degree of irony to
this, and rude jokes are exchanged between those of a certain humour.
In the meantime however man struggles on, coming to terms
with his new predicament. Facing the world mute and speechless and hoping for a
miracle.
**********************************************************************
With advanced technology, human intellect may well improve
and this in turn will have a positive effect on the economy, but how this will impact
on society is not yet known. It is for the intellectuals and philosophers to
discuss, if there are any left. Forums and discussion groups are created and
ideas circulated in silence via IPads, and IPhones, and Blackberrys.
Like a billion demented cicadas the humans tap their way
through each day, the littlest ones – those little cicada nymphs crawl off to
school each day to tap out the 5 hour stretch till home time.
Eyes are the windows to the soul, but they are empty and
barren of light as they stare into their screens. Eyesight deteriorates over
time, the stress of too much close vision work. It is not uncommon to see
people walking around in magnified spectacles, like large fly eyes magnified to
the power of ten. It is a strange state of being.
But people find a unique way of communicating with each
other regardless of the situation they have found themselves in. They return to
cave art, graffiti, and painting as well as their computer screens to tell
their loved ones how much they are loved. It is not the disaster that some foresaw,
and the strongest always survive the weak. The most original among us think up
the most unique ways of communicating and interacting with fellow man. It has
become a much more rich and tactile environment in which to live, and in some
ways more pleasant. Man is tired of his technology although they serve a
purpose it is his ingenuity, and originality that holds sway.
***********************************************************************
Although man adapts to his new environment there are certain
things he does struggle with. Face to face arguing is not without its problems.
It is farcical to attempt arguing with someone directly in front of you without
the power of speech. It is much like a comedy mime act as couples arguing in
the street struggling to communicate their anxieties and distress with arm
movement and mimed insults. Arguing by Ipad is futile, it neither serves the
purpose nor is it quick enough as angry responses are slow to arrive. Now
everyone is reliant on electronic media most of the time, signals are slower
than they once were. Arguing is done with speed interspersed with breaks to storm
off and re-enter the room. The dramatic entrance after a bout of fitful arguing
with one’s partner is rendered obsolete when one is reliant on a keyboard to
restart the argument again. Mobile phones and electronic tablets have been
smashed in frustration during a lover’s tiff.
There is in increase in accidents; garden accidents, car
accidents, all sorts of accidents because we cannot hear a voice behind us
warning us of impending disaster.
Needless to say man goes on, and there are some small groups within society who have found new and novel ways of communicating – oh and the art work! Man’s interpretations of his predicament are novel. A triptych of the world’s fate adorns the walls of a building just 3km from here. Written and drawn upon it are people’s messages of hope, love and anger, a far more interesting and promising interpretation of their muteness than crude imploring hands gesturing in cheap lurid colours, which seem to have been the trend of late. Mystical card drawings are intricately detailed in muted autumnal colours, but capture the mood perfectly. A man leans over an oval table knarled with age, whilst a young girl’s left arm gestures towards the spread to illustrate her message. Knowing little of these cards or their meaning is lost on many, as to the message the overall painting gives, but it is beautiful nonetheless.
They do say that it is possible for humans to lose their
ability to speak temporarily or permanently after shock or extreme emotional
experiences, although in this instance, that is not the case, or at least this
is what we have been led to believe. Perhaps it is what we want to believe, rather
than what has actually occurred, in that our muteness had been caused by some external
force greater than ourselves. Man has always needed to believe that there are
greater forces than himself. Nature is powerful it’s true, but man may have
caused his own demise, his own muteness, his own helplessness. Perhaps we have become
speechless for a reason that we do not yet understand. We may never speak again,
but man will evolve and adapt.
Monday, 19 August 2013
Grief
"Grief turns out to be a place none of us know until we reach it. We anticipate (we know) that someone close to us could die, but we do not look beyond the few days or weeks that immediately follow such an imagined death. We misconstrue the nature of even those few days or weeks. We might expect if the death is sudden to feel shock. We do not expect the shock to be obliterative, dislocating to both body and mind."
Joan Didion. The Year of Magical Thinking. 2005
Wednesday, 14 August 2013
What do you do if want to challenge what a doctor's written about you in your notes?
What happens if when you visit your doctor, either your GP or a specialist Consultant
and you realise that perhaps the whole thing isn't going to plan. Perhaps you're not happy with his/hers interpretation of events, or they've come up with a diagnosis your not happy with? What can you do? You may have been a patient in hospital and you're unhappy with what the doctors written in your notes. You've put in a subject access request to see part of your notes and when they arrive he or she has said something that you're in complete disagreement with - what then?
Doctors are not omnipotent; they're not always right, but if you disagree with what's been said or the diagnosis itself what can you do? Well naturally, you can put a complaint in to the hospital, most have rigorous complaints department that will put the wheels in motion to investigate your complaint and in some cases invite you in to discuss it further with the doctor and a member of the complaints team. This of course depends on whether all parties involved are happy to do this.
But what if you want what the doctor's actually written taken off your clinical notes and off any correspondence? Or if you feel he's said something to your GP in a report on your progress and you feel it gives an inaccurate record of events.
In all likelihood the doctor's opinions will have to be left untouched, any factual information can be challenged as stated in the Act; however the Information Commissioner points out clearly that:
"The Act cannot be used to challenge a professional
opinion on the basis that it is inaccurate just because another person, even
another practitioner, may have a different opinion. If the opinion contains
factual information that is incorrect then it could be challenged. A challenge to
a factual inaccuracy or the reliability of an opinion may be recorded alongside
it, since it will usually be important to maintain the original record."
The doctors' professional opinion is a chronological record of events, remove any part of it and it could make it difficult to challenge should you wish to complain about your treatment at a later date. The Information Commissioner gives clear guidance for good and bad practice however:-
Good and Bad practice
A patient gets a copy of his medical file from his GP and disputes an opinion recorded in it. He also provides convincing evidence that it includes incorrect factual information.
Good practice
The surgery explains that it has to be kept as a true record of the doctor's professional opinion, but agrees to include the patient's comments clearly on the file. The correct factual information is recorded but a record of the error may continue to be held to explain possible unforeseen consequences.
Bad practice
The surgery refuses to record the patient's objections to the opinion and only notes the factual inaccuracies.
The surgery refuses to record the patient's objections to the opinion and only notes the factual inaccuracies.
Gillian Jones is a full time freelance copywriter, further details are available here: www.taith.net/
Thursday, 8 August 2013
Information security and the NHS
Its 2 years since I last
worked for the NHS. However, the same problems regarding information security seem
to be happening again and again. Not in my own backyard at the hospital where I
used to work, but all over the country. Although technological advances have
meant that we now have more sophisticated ways of communicating with the rest
of the world and with each other, simple information security seems to elude
us. It’s bad enough if you lose your own information, that it might be floating
in cyber space waiting to bite you on the arse when you’re least expecting it, but
what happens if it’s detailed medical information about you, or a member of
your family?
Having a quick trawl through
the Information Commissioner’s (ICO) website news releases is enough to give
you sleepless nights. As recently as July of this year the ICO fined NHS Surrey
the sum of £200,000 after 3,000 patient records were found on a second hand
computer, which unbelievable as it might seem, had been bought on an online
auction site. The information had been left on and sold by a data destruction
company employed by the Trust in 2010 to destroy the information that was on
there. The service was carried out by the company for free with an agreement
that once wiped, the company could sell on any salvaged materials. It was
brought to light when a member of the public bought a computer online and found
the details of thousands of patients on his hard drive. As well as sensitive
personal data and HR records, information pertaining to children as well as
adults was discovered. Since then NHS Surrey has reclaimed some of the
computers that were sold, however, many more are still out there with no way of
knowing which ones may still be holding personal sensitive information.
Back in February of this year
the Nursing and Midwifery Council were issued with a £150,000 penalty for
breaching the Data Protection Act. Three DVDs regarding a nurse’s misconduct
hearing and containing the personal information of two vulnerable children were
lost, when the ICO investigated it turned out the DVDs had not been encrypted,
which means anyone could access it. David Smith, Deputy Commissioner and
Director of Data Protection said:
“It would be nice to think that data breaches of this
type are rare, but we’re seeing incidents of personal data being mishandled
again and again.”
He went on to say:
“….they forget that personal data comes in many forms,
including audio and video images, all of which must be adequately protected.”
The council had been bringing
evidence to a hearing venue regarding a “fitness to practise” case; however,
the discs were not with the other evidence provided and have not been discovered
since.
David Smith continued:
“The Nursing and Midwifery Council’s underlying
failure to ensure these discs were encrypted placed sensitive personal
information at unnecessary risk.”
If even large scale organisations
such as the NHS are failing then what hope is there for the rest of us? Do you
run a business or company that holds personal information, not just on a laptop,
but on video, DVD, with images and are they adequately protected?
The eight principles of the Data Protection
Act are clear:-
•Fairly and lawfully
processed
If you have sensitive information in your possession then
only do what the law says you can do with it
•Processed for limited
purposes
There are limits as to what you can do with sensitive
information in your possession, use it only for the purposes for which it was
intended, nothing more.
•Adequate, relevant and not
excessive
Don’t collect reams and reams of personal sensitive
information in case it might come in handy for a rainy day, you create
situations where the information can be lost or stolen.
•Accurate and up to date
It must be up to date, no missing or incorrect
information about any personal information you may have on someone. If you’re
informed of any changes then modify your records as soon as possible.
•Not kept for longer than is
necessary
Your company or organisation should have a retention
or disposal schedule or policy on exactly how long you are going to store
records before destroying them CONFIDENTIALLY.
•Processed in line with your
rights
People have rights under the Data Protection Act 1998;
they can see the information when they want to, (unless there are exemptions),
if they want to inform you of changes, or want to inform you of incorrectly
held information, you must rectify it unless there is good reason not to.
•Secure
If you hold information that is both sensitive and
personal then it is up to you to keep it secure. YOU are responsible should
anything happen if the information is stolen or carelessly lost. You should
make sure that there are appropriate steps taken to protect information held
online or on paper. Try to work towards a clear desk policy for your staff and
always make sure that staff keep their passwords hidden and that they never write them down. Make sure that DVDs, memory sticks or any movable media is encrypted and password protected.
•Not transferred to other
countries without adequate protection
NEVER transfer sensitive personal information outside
of the EEA unless the ICO says they have adequate protection. The ICO has a
comprehensive list of countries within the European Economic Area that have adequate
data protection and countries outside the European Economic Area that do.
There is further guidance on
that here:
Next time: What happens if you disagree with a doctor's opinion, and you're unhappy with what he's written in your medical notes, can you ask to have it removed?
Gillian Jones is a freelance writer and copywriter with 10 years experience in the NHS. Further information is available at www.taith.net/
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