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Original poster

Informed consent and GDPR for LFTs

32 replies

lftc · 01/03/2021 10:08

Has anyone's DC's school provided proper informed consent forms for the LFTs and explained what happens to the test results - how they are processed, how the results are stored and the legal basis for processing this data under the data protection law/GDPR?

A medical test can only take place after informed consent has been given (with information in writing), after you have had the chance to ask questions and these questions have been satisfactorily answered.

Medical test results will be subject to data protection law. Schools must explain the legal basis for processing the data. They must state who has access to this data and who processes it, the fact that unauthorised people cannot access this data.

The legal/ethical/professional medical issues surrounding these LFTs have not been handled correctly.

OP posts:
Original poster
lftc · 01/03/2021 10:10

The test result and ensuring the result is handled confidentially and kept securely is surely a massive data protection concern all of its own?

OP posts:
Original poster
lftc · 01/03/2021 10:12

Where is the test result kept, for how long, who can access it?

These are legal issues subject to data protection law and not just a list in the school hall that anyone can look at.

Plus the medical consent of a tick box on a mobile phone app is not informed consent.

OP posts:
MoirasRoses · 01/03/2021 10:27

Who cares. I doubt a 13-16 year old does. Just get kids tested, it’s not hard. And will save lives & help stop it whipping round schools. Stop fussing about it. If you want to be a knob of a parent who refuses to test their previous child then fine but I pray most parents & teens understand why it has to be done & get in with it. No more homeschool. Able to see their mates. Happy days.

deliciouschilli · 01/03/2021 10:32

Ffs! So much of this anti test, anti Vac crap everywhere. Just keep your child at home and let everyone else get on with it...

Original poster
lftc · 01/03/2021 10:44

I am neither anti-vax or anti-mask or anti-test, but medical test results do need to be handled legally, data protection does matter.

Our school gave a yes/no consent option on its mobile phone app and didn't explain what the consent was even for: just one test, three tests, any tests in school going forward? No idea and they won't reply to questions.

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Original poster
lftc · 01/03/2021 10:45

Plus 3 false positives per 1000? that will be 5-6 pupils off school for the next 2 weeks without coronavirus. Even with a negative PCR test (much more reliable) the pupils won't be allowed back to school.

At least that's what I gather. Who knows, as I said no information has been provided about these tests, what we are consenting to, what happens to the results.

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deliciouschilli · 01/03/2021 10:50

It's a nose swab...get over it! Or keep your child off school, I'm sure the school will be relieved if they don't have to deal with this crap on top of everything else.

jimmyhill · 01/03/2021 11:00

If you don't want your DC to have the test then refuse permission but don't lumber your school with all this bureaucracy when you're just using it to be awkward.

But muh geedeepeearrrrrrr

OrangeBananaFish · 01/03/2021 11:03

We had a few forms to read which gave us all the above information so yes I have been provided of the proper GDPR legislation in regards to these tests. Both emails (2 different secondary schools) had the GDPR bit attached separately from the bit about what happens to the test etc The consent form was also attached. Each email had 4 attachments going through different things.

Seeline · 01/03/2021 11:05

DDs school has included full details of this information with every request for consent to test. It looks like it is a standard note issued by the DfE to be used by schools, but as the school is an indy, it could have been provided by the Independent Schools body or similar.

StepOutOfLine · 01/03/2021 11:10

Why have you namechanged for your astroturfing?

StepOutOfLine · 01/03/2021 11:11

@lftc

Plus 3 false positives per 1000? that will be 5-6 pupils off school for the next 2 weeks without coronavirus. Even with a negative PCR test (much more reliable) the pupils won't be allowed back to school.

At least that's what I gather. Who knows, as I said no information has been provided about these tests, what we are consenting to, what happens to the results.

Wouldn't 3 in a 1000 potentially misdiagnosed kids being off for a fortnight be ever so slightly better than every school in the country being shut? If your school hasn't given out the information that the rest of us have, take it up with them.
Original poster
lftc · 01/03/2021 11:58

@OrangeBananaFish

We had a few forms to read which gave us all the above information so yes I have been provided of the proper GDPR legislation in regards to these tests. Both emails (2 different secondary schools) had the GDPR bit attached separately from the bit about what happens to the test etc The consent form was also attached. Each email had 4 attachments going through different things.
OK, so it looks like it is just my DC school that haven't provided any information about the testing other than please say yes/no.

So it may not be a widespread problem after all.

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Original poster
lftc · 01/03/2021 12:01

@StepOutOfLine

Why have you namechanged for your astroturfing?
Hah! I am long-time MNetter, but yes, I regularly nc as I can't stop my self giving too many personal details out. I seem remember you don't live in the UK, does that prove I am not an astroturfer?
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HercwasanEnemyofEducation · 01/03/2021 12:44

I'm under the impression a negative PCR does mean they're allowed back.

wsereab · 01/03/2021 12:49

I volunteer in a school test centre. I don't have access to names, let alone any other personal details. Results are uploaded to nhs site based on barcode. If a child refuses, no one is going to do the test for them or force them.

BiggerBoat1 · 01/03/2021 13:15

Oh FFS you know what the test if and what its for. Do you have any idea how much extra work schools are having to do to get the testing organised? This on top of all the work they have to do for teaching/distance learning and assessing the Yr 11s and 13s in the absence of GCSEs.
Just sign the bloody consent form and stop being such a tool.

Original poster
lftc · 01/03/2021 13:37

@wsereab

I volunteer in a school test centre. I don't have access to names, let alone any other personal details. Results are uploaded to nhs site based on barcode. If a child refuses, no one is going to do the test for them or force them.
That is useful info.

I do know the schools are busy enough without all this.

Maybe the government should have one single information sheet for parents with a standard method of giving consent for all schools.

It sounds like the information vacuum is limited to our school.

And no I don't know how it is carried out or what happens to the results. Just because your school has told you, doesn't mean our school have told us.

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Original poster
lftc · 01/03/2021 13:37

That last paragraph was to Bigger

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BiggerBoat1 · 01/03/2021 14:11

They swab the back of their throat and up their nose. Results come to you via email/text. Does it really matter what happens to the results after that? If you're so fussed, just don't give consent.

Original poster
lftc · 01/03/2021 14:15

I guess I must be extra touchy about these things, my work does involve data protection in medical fields and the way these LFTs are being done is contrary to good practice, law etc. Or as I said, maybe it is just our school that hasn't provided the required information.
I am not against the tests, but data protection still matters, consent being informed also matters.

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Original poster
lftc · 01/03/2021 14:16

And I don't blame the school, obviously they must have had very little support or guidance from government who have dumped this on them with little notice.

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Phyzzy · 01/03/2021 14:18

It seems that some parents just want to go to great lengths to refuse tests, while also creating yet more work for hard pressed staff at schools.
If it matters to you just say no. Then don’t complain if your children bring covid home.

Original poster
lftc · 01/03/2021 14:20

@Phyzzy

It seems that some parents just want to go to great lengths to refuse tests, while also creating yet more work for hard pressed staff at schools. If it matters to you just say no. Then don’t complain if your children bring covid home.
I don't think I have created any more work for the school by asking a question on MN?
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ineedaholidaynow · 01/03/2021 14:32

Just say no if you are concerned