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To consent or not to consent, that is the question
Journal of Data Protection & Privacy,
2
(3),
278-285
(2019)
Abstract
The General Data Protection Regulation (GDPR) has introduced some significant changes to the processing of data in health and care services. The impact of these changes is now being felt on a wider basis in relation to the question of whether data is processed with consent or not, and even whether we should continue to use the word ‘consent’ when sharing information to provide care. Also, there is the question of whether we should fundamentally review the concept of confidentiality and assess if the laws on data protection and privacy are sufficient on their own.
Keywords: consent; healthcare; social care; reasonable expectations
The full article is available to subscribers to the journal.
Author's Biography
Adam Horton-Tuckett has nearly two decades’ experience enabling and supporting a wide range of public sector and related organisations to utilise information while complying with information laws and regulations. He is a qualified practitioner in data protection and freedom of information legislation and lead auditor for information security. He has travelled the length and breadth of the UK to deliver training and consultancy on all aspects of information governance (IG). He has led the IG workstream for the Connecting Care Shared Record development and chaired the West of England Strategic Information Governance Network.
Heléna Ashton-Wenham has worked in the public sector for over 20 years; for 16 years as a specialist in data protection and other information access/compliance legislation, and for 12 of those years as a Data Protection Officer. She has helped NHS organisations and local authorities to utilise information while complying with information laws and regulations. She is a qualified practitioner in data protection and the General Data Protection Regulation (GDPR) who also recently completed the GDPR Transition Programme at Henley Business School. She currently leads the IG workstream for the Connecting Care Shared Record development.
