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Original poster

LFT - data protection breach?!

101 replies

polyjuicepotion · 07/07/2021 17:49

Please help, I need urgent advice.
My DC has invited a friend over. They are both secondary school age. I know there have been some children who were self isolating in the class meaning that covid has been going around at school.
My DC forgot to do their LFT today (usually done twice weekly) so I suggested they do it after school, and since the friend said they forgot to do theirs as well I asked if they wanted to do it too.

Long story short, both tests negative but later on I received a furious text from the friend's mum who accused me of breaching data protection and said that she will take legal action for making her child do the test at my house.
Any advice appreciated.

OP posts:
BoomChicka · 07/07/2021 20:25

It was a weird thing to do and if it was my child I'd probably discourage them from going to your house again, but I wouldn't threaten to sue Hmm

Comefromaway · 07/07/2021 20:31

How ridiculous.

My Ds went to a friends house. Friends sister is CEV. Friend did his LFT & Ds decided to do his as well.

Should I sue then?

finkirt · 07/07/2021 20:32

You asked if child wanted to do a test, child said yes. No force involved. Secondary age so I take it they did their own test. So no issue. Children have been testing twice a week since January. Total over reaction on her part.

Batshitkerazy · 07/07/2021 20:35

Absolutely cannot see the big deal about this Confused

LolaSmiles · 07/07/2021 20:36

At 16 the young people don't need parental consent to complete tests in school, so a 16 year old doing one at a friend's house is a non-issue.

If the child was under 16 then I'd have said you'd overstepped because a child might feel pressured into saying yes and doing one when the adult suggests it and they're in someone else's house.

The legal action claims are silly though.

LambdaLambada · 07/07/2021 20:39

well it apart from a being full on, she is kind of right in that health data are personal data and also sensitive data (by law, data protection law).
So a negative test is as much health data as a positive test, which would feel a bit different to have administered.
General rule - don't administer medical tests on other people's children... then you should be safe from prosecution.

Comefromaway · 07/07/2021 20:40

The op didn’t administer any tests.

BarbieJ · 07/07/2021 20:42

@ColettesEarrings

You grossly overstepped your responsibilities, actually quite shocking that you thought it appropriate to give another child a test. The mother won't get anywhere with a frivolous legal action so don't worry on that side of things, but I would be equally as livid as she clearly is. You made a huge mistake and need to grovel, copiously if you want to salvage your son's friendship.
This is surely a joke post…. Grin
LambdaLambada · 07/07/2021 20:42

The things is the LFTs have been normalised in this pandemic, but they are medical tests and the results are sensitive personal data (by law) just the same as a hepatitis test. Legally, they are the same kind of protected personal (sensitive) data.
That is the data side of it, plus the administering a medical test on a child without the parental consent (child under 16) etc is also similar to e.g. running a hepatitis test on someone' else's child.
It just seems no big deal in a pandemic where they are handing out LFTs like sweeties.

LambdaLambada · 07/07/2021 20:43

@Comefromaway

The op didn’t administer any tests.
But they gave the test to the child. so they did.
LambdaLambada · 07/07/2021 20:43

This reply has been deleted

Message withdrawn at poster's request.

LambdaLambada · 07/07/2021 20:44

And it sounds like the child's mother does as well, which is unfortunate for the OP...

ColettesEarrings · 07/07/2021 20:47

@BarbieJ Nope, but you might like to read all my posts... Or not.

Comefromaway · 07/07/2021 20:50

The tests are freely available from loads of places including schools. Ds came home with a carrier bag full the other week.

LambdaLambada · 07/07/2021 20:51

I very much doubt anything will come of it, but it is worth remembering these are medical tests and the results are medical data.

LambdaLambada · 07/07/2021 20:53

@Comefromaway

The tests are freely available from loads of places including schools. Ds came home with a carrier bag full the other week.
Yes, but you would have had to given your consent to school for this way back at the start. There were about 100 threads on this board about this exact issue. Some schools had a paper consent, some had an electronic consent.
namechange90832 · 07/07/2021 20:54

GDPR does not apply here, it is personal household activity and out of scope. Just imagine how many breaches there would be if it included every time we gossiped or posted something about someone else online etc.

LambdaLambada · 07/07/2021 20:54

Arguably some of the handling of the LFTs in the mass testing in this country does break data protection, but really no-one cares at any level at the moment, which is why I doubt the OP has anything to worry about.

Babygotblueyes · 07/07/2021 20:55

I cant see how you have any duty to protect her or her sons information, so there is no data breach. Whether you should have done it is one thing, but her reaction is bonkers.

LambdaLambada · 07/07/2021 20:55

@namechange90832

GDPR does not apply here, it is personal household activity and out of scope. Just imagine how many breaches there would be if it included every time we gossiped or posted something about someone else online etc.
It is not gossip it is a type of data that is very specifically defined by law and is referred to as personal data and under personal data it is referred to as sensitive data and/or health data.
LambdaLambada · 07/07/2021 20:57

Since consent and data protection have totally gone out of the window in the pandemic (not that I have an opinion, it is just an observation) the OP really has very little to worry about.

namechange90832 · 07/07/2021 20:58

@LambdaLambada it is not personal data within scope of the legislation, this is a private matter. Article 2, GDPR.

Comefromaway · 07/07/2021 21:16

I don’t know the age of these children My daughters school sent a letter stating they were asking parental consent out of courtesy but that children from around the age of 13/14 onwards could give their own consent and over ride the parents as long as they were deemed to have sufficient understanding. (They do have a full time school nurse).

BiscuitsNoMore · 07/07/2021 21:34

If secondary age don't they enter their own info. My ds does, I wouldn't even know where to start as never done one

LambdaLambada · 07/07/2021 21:36

I think it is easier to understand if you think of other medical tests, e.g. a stool sample for norovirus.
Handing some a swab stick for Covid, or handing someone a testtube for their stool sample.
Adding the reagent to the sample and finding out the result.

Plus what if the result had been positive, some under 16s might be upset to hear bad news from someone else's parent without their own parent even knowing they had the test.

hence the issue of consent.

Data protection is a separate issue. I believe schools had quite strict guidance on data protection and actually are not directly informed of the result (or more precisely which pupil got the result) - it is the child/parent who tells the school the positive test result belongs to them.

All health data is personal data actually.

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