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Data Protection: the lights are on but no one's at home
Tracey Goulding
August 2004

This is what happens to most people when they are being told about the finer details of the Data Protection Act 1998 (DPA): eyes glaze over and the brain shuts-up shop and vacates the building. It just isn't that interesting. But both clients and complementary health therapists should know the bare bones. For clients it's about them understanding how they can access their personal data held by therapists and for the therapists its about knowing their legal obligations.

The act ensures handling of information about people is done properly so that misuse of personal details is prevented. It applies to personal data, held on a computer and a manual information system, provided that the manual data is organised in a 'relevant filing system'.

Personal Data

When is data regarded as personal data? If a therapist collects sufficient information about their client to enable that person to be identified, whether from their information alone or when linked to other data sources (e.g. a phone directory), it is personal data. This means that the types of records most professional therapists keep are likely to be personal data within the terms of the act. However if these records are not kept in a 'relevant filing system' then therapists will be exempt from registering under the act.

Relevant filing system

What constitutes a relevant filing system' is tricky and being refined through the Courts. However, some basic principles seem to be on a sound footing, and will apply to most therapists. A recent Court of Appeal decision took the view that the act applied to manual files, 'only if they are of sufficient sophistication to provide the same or similar ready accessibility as computerised filing system'. This could mean that many manual systems kept by therapists are exempt from notification. However, therapists are advised to seek advice about their systems from the Information Commissioner if they are unsure.

Principles and clients right of access

Regardless of exemption from notification, therapists will still be required to follow the data protection principles set out in the act. These offer a common sense approach to developing good practice in handling personal information, and also provide for the rights clients have to data held on them. The data protection principles state the personal data should be:
  1. Fairly and lawfully processed;
  2. Processed for limited purposes;
  3. Adequate, relevant and not excessive;
  4. Accurate, and kept up to date;
  5. Not kept longer than necessary;
  6. Kept secure;
  7. Not transferred to countries outside the European Economic Area without adequate security.
The act empowers clients by setting out when and how they can obtain access to data held on them. Client's rights to their data are stated by the act:
  • The right of the client to access his or her personal data;
  • The right to prevent processing likely to cause damage or distress to the client;
  • The right to prevent processing for the purpose of direct marketing;
  • Rights in relation to automated decision-making;
  • Rights to compensation;
  • The right to take action to rectify, block, erase or destroy inaccurate data.
Therapists can refuse a client access to their data on certain permitted grounds, and if access is given, to charge an administration fee for providing the information.

Notifying the Information Commissioner

If therapists need to notify the Information Commissioner they are recording personal data, registration forms are available from the Commissioner's website: www.informationcommissioner.gov.uk This is a helpful site and well worth a visit by therapists and consumers of complementary health services alike. Therapists should be wary of letters from companies saying they can register them with the Commissioner on their behalf or in some cases, purport to be the Commissioner, as they are likely to charge well above the actual cost of therapists doing themselves, and it's easy!

Tracey Goulding practises therapeutic and aromatherapy massage in East Dulwich, London Purple Pages: view practitioner's webpage.
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