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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:
LambdaLambada · 07/07/2021 21:38

In no other circumstances would the result of your medical test be publicly available data, so in this case also a covid test result is health data and hence personal data.

Comefromaway · 07/07/2021 21:38

Actually, checking back the permission related to the tests carried out at school back in January. Since then the kids just pick a few boxes up from reception whenever they want one.

namechange90832 · 07/07/2021 21:38

@LambdaLambada I'm a data protection officer, you're talking absolute nonsense.

LambdaLambada · 07/07/2021 21:41

@Comefromaway

Actually, checking back the permission related to the tests carried out at school back in January. Since then the kids just pick a few boxes up from reception whenever they want one.
Agreed, but the consent was for the school to administer the test. I.e. hand over the swab, handle the testing device, etc. The op didn't hand over a box of tests or even an individual test to the child to take home and adminsiter at home, they gave the child the swab and probably added the reagent and read the result = administering a test, even if they didn't stick the swab up the child's nose. Use the analogy of giving the child a pot to take a stool sample and then running a test on the sample.

Not that I have an opinion, just that these LFTs and the test results have become normalised when they are medical tests.

LambdaLambada · 07/07/2021 21:42

This reply has been deleted

Message withdrawn at poster's request.

LambdaLambada · 07/07/2021 21:43

This reply has been deleted

Message withdrawn at poster's request.

LambdaLambada · 07/07/2021 21:44

@namechange90832 so you think that a person's results of a medical tests are not protected by law?

namechange90832 · 07/07/2021 21:44

@LambdaLambada so you will know then that context is key, it is personal data, but it is not within scope of GDPR in this particular example because it was a personal matter, therefore it can not be a breach. Who would be the controller?

Comefromaway · 07/07/2021 21:46

Why are you assuming the op did all that rather than just hand over the package. The kids have been doing these tests for months, they know how to do them by now.

Comefromaway · 07/07/2021 21:47

When Ds was at his friends house he helped himself from a box.

Cakeofdoom · 07/07/2021 21:48

She's a batshit loon, just ignore her. Absolutely over the top reaction completely disproportionate to the event. Covid really has affected people hasn't it ? Jeez...

LambdaLambada · 07/07/2021 21:48

"Data concerning health” is defined by the GDPR as “personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status"

I don't know why I am engaging in this since I think the OP has nothing to worry about but here you go. Just google health data and personal data and your screen will fill up with similar stuff.

Comefromaway · 07/07/2021 21:49

GDPR only applies to organisations anyway, not individuals.

MissLucyEyelesbarrow · 07/07/2021 21:49

GDPR does not apply to domestic settings. She is a fuckwit.

namechange90832 · 07/07/2021 21:50

@LambdaLambada it is personal data, I just said that, but just because something is personal data doesn't mean it is automatically in scope of data protection legislation, there is a difference. You need to Google Article 2 of GDPR. I ask again, who would be the data controller liable for the breach?

TheSmallAssassin · 07/07/2021 21:52

The OP has not recorded the test result anywhere or processed the data in any way, so how can it be a data breach?

Losttheequipment · 07/07/2021 21:58

Personal data is defined within GDPR, but GDPR only applies to organisations not your mate’s mum. Does that help @LambdaLambada?

SonnetForSpring · 07/07/2021 22:00

@LambdaLambada

"Data concerning health” is defined by the GDPR as “personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status"

I don't know why I am engaging in this since I think the OP has nothing to worry about but here you go. Just google health data and personal data and your screen will fill up with similar stuff.

I agree with you but yes OP really shouldn't worry and she's aware now. To be honest I'm not sure it would have occurred to me either.
duckme · 07/07/2021 22:02

There's no gdpr breach, but probably not a great idea to test another child without informing the parent beforehand.

Justwingingit2005 · 07/07/2021 22:07

GDPR doesn't apply to domestic places only organisations.

If the child is teen years then they have some degree of consent.

If you held the child down and stuffed the bud up their nose I can understand the mum kicking off but the child offered.

Tbh if my kid did one at someone's house I'd be glad I had got rid the whole 'I hate this test' 'how long do we have to test for' drama.

And as for legal action I don't think the mum will get very far.

Doyoulookback · 07/07/2021 22:11

If I was the crazy lady I’d have been happy that my child did the damn thing. Ultimately if she and the child’s dad had made sure the child did the test there would be no need!

She’s a nutter

luckylavender · 07/07/2021 22:11

@titchy - exactly what I thought

permaconfused · 08/07/2021 07:57

I'm am shocked at the mum's response but I'm even more surprised that people on here have been so vehemently on her side.

I can't link all the comments that I find bizarre - but there are so many - it's nuts.

Absolute overreaction on the mum's part - she cannot take you to court - no one will touch this.

I guess the 'right' thing to do would to have text the mum first to ask her first.

You're clearly worried and a few people on here have just kicked you whilst you are down - it's very disappointing.....

Whoarethewho · 08/07/2021 08:31

This sort of thing is why I would make lfts compulsory administered at school and as a non negotiable entrance requirement of the building.

Either way she sounds batshit crazy and completely wrong.

Original poster
polyjuicepotion · 09/07/2021 10:23

@permaconfused
Thank you for your kind words.

Thanks also to all for reassuring me. I am no longer worried about the legal stuff - it seems too petty. However, I do think LambdaLambada and namechange both have a point. I am not a data protection specialist but it does look like whilst not really in the GDPR category because of the domestic setting, it could be a breach of personal data protection... Plus parental consent.
So my lesson learned here is to be more careful about these things in the future.

OP posts: