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Original poster

GDPR - Restricted record for DS

17 replies

Username10908 · 24/08/2023 21:56

A month before his 18th birthday my son took an overdose. A ambulance was called and he spent a week in hospital. Fast forward a year and he’s doing ok.
As I work in the local authority his records are on the system with a detailed record of the event.
I would like this restricted but have been told I need to give a reason why? Also I think a Manager would need to request this. I don’t understand why I can’t? It’s my son after all.
Is this correct?

OP posts:

Comefromaway · 24/08/2023 21:57

If he is now 18 surely any request has to come from him?

USaYwHatNow · 24/08/2023 21:59

I'm surprised your manager hasn't queried why you have accessed your sons record? Surely that in itself is a breach? But also, without an understanding of the rules and regs around data for the specific workplace, it would be hard for people to comment.

MissBattleaxe · 24/08/2023 21:59

You don't officially have consent as he is an adult. Being his mother makes no difference.

NatMacFeegle · 24/08/2023 22:00

Are they on the system due to his vulnerable adult status?
Please say you haven't gone into his record?!

Seeline · 24/08/2023 22:01

Why are your son's medical records on a local authority system?
How do you know- what right do you have to check?
Your DS is an adult, it's up to him to decide what to to do with his information.

Gazelda · 24/08/2023 22:03

Are his records on the system because of his link to you? Surely they aren't accessible to anyone, least of all you?

In any case, it's up to your DS to pursue this and see what the records show. If he is minded, he could ask that they be restricted. I don't know if that is a reasonable or possible request.

Thisismynewusername1 · 24/08/2023 22:09

What do you mean by this:

As I work in the local authority his records are on the system with a detailed record of the event

are his records on “the system” because you work for the LA?

Or would they be on there anyway, but you’re worried colleagues may see it?

have you accessed these records?

why do you want them restricting? Colleagues would only access them if they have a work purpose, so why is that a problem? If your colleagues are professional it’s not like they’ll go round spreading it as gossip- you’d have a complaint if they did.

are these GP records? mH, police? What “system” do you mean?

GuinnessBird · 24/08/2023 22:28

Why do you want his record restricted? It's nothing to do with you and if I were your manager I'd be asking you why you thought that you had authority over his data.

I hope that you have not accessed his record.

YetMoreNewBeginnings · 24/08/2023 22:30

How do you know exactly what is there?

Aprilx · 25/08/2023 07:50

Agree with PP. Not only should your manager decline your request, they should be ensuring you have the correct GDPR training and are not accessing records of people you know for non work purposes.

Alwaysdecorating · 25/08/2023 07:53

Why are you accessing his records?

Who are you trying to prevent accessing them?

and why do you think, given he is an adult, that it’s up to you?

prh47bridge · 25/08/2023 09:35

As others have said, you do not have any standing to request that his records are restricted. He is an adult. Any request must come from him. The fact he is your son is irrelevant.

The records should, in any case, only be accessed by people with a genuine need to see them for work purposes. There should be measures in place limiting access to his records (and everyone else's). The LA should be able to identify and, if necessary, take disciplinary action against anyone who accesses his records for non-work purposes. That includes you. The fact you are his mother does not give you any right to access his records.

DumpedByText · 25/08/2023 09:52

I'd be more concerned how you've managed to access your 18 year adult sons records. That's a GDPR breach if you've gone into a system and looked, so I'd tread carefully if I was you!

WorkCleanRepeat · 25/08/2023 10:10

You should be disciplined for accessing the record without need, and anybody else that does so. I worry about the culture in your workplace if you think this needs restricting.

jolaylasofia · 25/08/2023 10:13

step very carefully it's totally unethical and a sackable offence to access a relatives records. Given the fact he is over 18 you have no parental responsibility or right to see his records anyway.

Banditqueen12 · 25/08/2023 13:13

How do you know what the records say? You shouldn't have access to them.

HicLocusEst · 25/08/2023 13:18

I don't work for a LA but the civil service and 2 people in our dept were dismissed immediately under gross misconduct for accessing relatives' data.

Presumably it's medical records of some kind you have unethically, immorally, and possibly illegally accessed.

I'd be thinking more "phew, I wasn't caught doing the bad thing" and vow not to do it again rather than try and get what is presumably a factual record of another person's personal health record expunged.

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