ADVICE CAR PARK CCTV
BACKGROUND A patient – Mrs K – attending a busy city centre dental surgery asks to see the practice manager. The rear bumper and taillight on her car has been damaged in the car park and she wants to be allowed to view footage from the practice CCTV camera in order to identify the “culprit”. The practice manager contacts MDDUS to ask if Mrs K should be allowed to review the video footage.
ANALYSIS/OUTCOME A dental adviser replies to the email referring to guidance from the Information Commissioner’s Office (ICO): In the picture: A data protection code of practice for surveillance cameras and personal information. The practice is advised that in this circumstance it would be inappropriate to disclose the images as well as any identifiable information such as patient registration plates to Mrs K without the individual consent of each person recorded. The images could be provided without consent as long as faces and other identifiable third party information are pixelated out – but this would also include the “culprit” who may be unwilling to allow disclosure of their identity. Disclosure without consent would only be
allowed in the event of a police investigation of a serious crime, such as a violent assault, or under a court order. The practice is advised to explain the situation to Mrs K along with their legal obligations.
KEY POINTS ●Practices are obliged under data protection laws to protect third-party information in most circumstances. ● Disclosure of patient information without consent is allowed only in cases of overriding public interest, such as in the prevention or detection of serious crime. ●Consult ICO guidance in regard to the use of CCTV cameras. The guidance also includes a helpful checklist to ensure compliance with data protection legislation.
ADVICE UNWANTED CHEMISTRY
BACKGROUND A specialist registrar working in cardiology receives an email from a patient that she had treated a year before. He had obviously searched for her address on Google and most likely found it among the contact details in a research paper. The patient is a young man who had been referred because of unusual ECG findings. Tests confirm nothing serious but the registrar recalls the patient had a history of depression and was still fearful that he was “going to die”. In the email he says that he had detected
some “chemistry” between them during an examination carried out by the registrar. He says that he has seen her once again
waiting at a bus stop but was too nervous to make an approach. In writing to her in this way he hoped to make contact again, perhaps just for a coffee. The registrar calls MDDUS for advice on how best to reply to the email given the history of depression – or if best not to reply at all.
ANALYSIS/OUTCOME An adviser suggests that in this case a brief response should be adequate, setting out the professional obligation of doctors to maintain proper boundaries with patients – and informing the young man that any contact including further email communication would not be appropriate.
Given his history of depression it might also be helpful to suggest that should the patient have any further health concerns he should discuss these with his GP.
KEY POINTS ●Be clear with patients on your professional obligation to maintain appropriate boundaries. ● Try to be firm but polite in dealing with such approaches. ●Keep a record detailing all patient contact in these cases.
MDDUS INSIGHT / 19
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