Data Protection Obligations in Child Protection Cases.
Posted by News Editor
Tuesday, January 22, 2008

The following question was asked by Claire Curtis Thomas (PPS to Baroness Scotland of Astall QC), in the House of Commomns on 21st January 2008

Claire Curtis-Thomas (PPS to Rt Hon Baroness Scotland of Asthal QC, Attorney General), Law Officers' Department, Crosby, Labour)asked the Secretary of State for Justice what data protection obligations there are on (a) police authorities, (b) NHS trusts and (c) social services departments to (i) amend and (ii) delete data collected through child protection investigations undertaken on the basis of incorrect clinical diagnosis.
Hansard source

Michael Wills (Minister of State, Ministry of Justice) replied:-
The obligations on data controllers processing personal data are set out in the Data Protection Act. It contains eight principles which govern the processing of personal data. They apply to all processing of data by all data controllers, including police authorities, NHS trusts and social services.

The fourth principle requires that personal data should be accurate and, where necessary, up to date. Correcting inaccuracies in data held could be achieved by deleting or amending, depending on the circumstances.

The Data Protection Act is administered and enforced by the Information Commissioner, Richard Thomas, independently of the Government. His office is able to provide advice on specific cases and situations relating to data protection.
Hansard source 

FACT Comment:

It would help if the Minister answered the question posed which specifically relates to child protection investigations. Such investigations raise fundamental issues about the practice of recording suspicions, and especially opinions (professional or otherwise), which may be found to be unreliable, change over time or shown to be obsolete.