Dear all,
I unfortunately suffer from chronic depressive illness and have done so for many years with the condition significantly worsening over the past few years.
In the year 2011 I had been subject to police investigation. I attended a police interview on a voluntary basis.
Due to my debilitating depression I had an appropriate adult also attend this interview who I understand was a social worker at that time.
The social worker, without my explicit consent, went on to record the details of the alleged criminal charges I faced on the NHS Trust’s IT system and within my electronic patient records. This information is categorised as highly sensitive information as defined under section 2 (h) of the Data Protection Act and the Trust seemingly recorded this information unlawfully. Their response however is that the processing of this information was 'necessary for medical purposes'.
The criminal matter has been long since disposed of in my favour however the Trust are continuously processing this information wherever and whenever possible.
I am not clear on whether or not explicit consent was needed here. It seems to me it was.
I should be most grateful for any input.