HC Deb 14 July 2003 vol 409 c114W
Chris Grayling

To ask the Secretary of State for Health whether the person for whom the records are held will have the right to be informed that their records have been inspected and copies taken which will be removed from the 'remises under Clause 86(1) of the Health and Social Care (Community Health and Standards) Bill. [122960]

Dr. Ladyman

The Commission for Social Care Inspection (CSCI) wi11 be subject to the provisions of the Data Protection Act 1998 (DPA 1998).

The CSCI will therefore be required to provide 'fair processing information' to persons whose records are inspected, unless:

  • there is disproportionate effort in doing so
  • they are satisfied that t le subjects have already been adequately informed, or
  • in the case of an investigation, to do so would prejudice the investigation.

Under the DPA 1998, organisations that will be subject to CSCI or other inspections must also ensure that patients are made aware that their records may be accessed by CSCI and the reasons why this may be necessary.