§ Mr. MackinlayTo ask the Secretary of State for Health if he will strengthen the right of access to files of persons who have complained of abuse while(a) in care and (b) their carers were under investigation; and if he will make a statement. [138761]
§ Mr. HuttonProvision has already been made for those wishing to access personal information held on file. This is provided by the Data Protection Act 1998, which came into force on 1 March 2000. Any living person, who is the subject of personal information held and processed by a social services authority, or someone acting on its behalf, has the right of access to those records. This access can be limited only where it is not possible to disclose information without disclosing information about another person who has not provided their consent and it is not reasonable in all the circumstances to comply with the request or disclosure would be likely to prejudice the carrying out of social work by causing serious harm to the physical or mental health or condition of the individual or another person. Where access is refused there is a right of appeal to the Courts or the Data Protection Registrar.
The provisions of the Data Protection Act 1998 apply regardless of whether the person, who is the data subject, has complained of abuse and of whether any alleged abuser, who is or was a carer, is or has been under investigation.
§ Mr. MackinlayTo ask the Secretary of State for Health if he will disclose relevant personal files held by(a) public authorities and (b) voluntary organisations to those who allege abuse while (i) in care and (ii) their cases were being dealt with by such agencies. [138762]
§ Mr. HuttonWhere records are manual and can be classed as health records, educational records, local authority housing records or local authority social services records, the provisions of the Data Protection Act 1998 relating to an individual's right to access information about themselves apply. Where manual records are held by a public authority or voluntary organisation that do not fall into these categories, the subject access provisions presently apply only to records created after 24 October 1998. Those records created before 24 October 1998 will not come within the scope of the Data Protection Act until 24 October 2007. Where records are automated, if they were created after 24 October 1998, the subject access provisions of the Data Protection Act 1998 will apply; otherwise they are exempt until 24 October 2001.
Thus, the Data Protection Act 1998 makes specific provisions to enable individuals to exercise that right to access, which apply whether or not allegations of abuse have been made.