Cristine Shye. ...
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Just so it does'nt get lost
Hannah Ceridwen Eluned Cavendish-Grosvenor, made a blog, so have copied it here for future reference.
Hormones and Pharmacists
Posted by Hannah Ceridwen Eluned Cavendish-Grosvenor Sat at 22:43 - Filed in Society Girl's Personal Blogs - 12 views
Transgender females recently lnform me that UK pharmacists are, on the whole, 'Homophobic': embarrasing individuals by returning from the bowels of their dispensary with prepared and dispensed prescriptions for Estradiol Tartrate and Blocker (Finesteride, etc); and making loud statements and questions, in the presence of all and sundry, as to why they are required for a 'male'.
i have bee the subject of transphobia from a specific young cis-female pharmacist on a number of occasions, and feel a formal complaint should be made to the Pharmaceutical Society. Comments please.
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Cristine, Shye
Cristine, Shye To expose someones transgender status is unlawful. Section 22 of the Gender Recognition Act was created with an "expectation of privacy" in mind.
30 minutes ago - delete - like
Cristine, Shye
Cristine, Shye The General Pharmaceutical Council is the regulator for pharmacists,
pharmacy technicians and registered pharmacy premises in England,
Scotland and Wales. As part of our role, we set the standards which govern the practice of pharmacists and pharmacy technicians.
guidance on standards 3.5, 3.7 and 3.8 of the standards of
conduct, ethics and performance, which say:
•
You must respect and protect people’s dignity and privacy.
Take all reasonable steps to prevent accidental disclosure or
unauthorised access to confidential information. Never disclose
confidential information without consent unless required to do
so by the law or in exceptional circumstances.
•
You must use information you obtain in the course of your
professional practice only for the purposes you were given it, or
where the law says you can.
•
You must make sure you provide the appropriate levels of
privacy for patient consultations. less
19 minutes ago - delete - like
Cristine, Shye
Cristine, Shye This document gives guidance to pharmacy professionals on
how to meet the standards on confidentiality. The guidance is not
intended to cover every issue and it does not give detailed legal
advice. However, it reflects the current law in Great Britain.
You should use your professional judgement in applying this
guidance in your own practice. You must make sure that you
keep up to date and comply with the law, for example: the Data
Protection Act 1998, the Human Rights Act 1998, and the common
law duty of confidentiality, and with any NHS or employment
policies on confidentiality that apply to your particular area of work.
You must make sure that all staff members you are responsible
for are aware of this guidance and appropriately trained in all
areas that are relevant to their duties.
This post was edited by Cristine Shye. BL at February 29, 2016 10:05 pm GMT
Cristine Shye. ...
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Sect1 Duty of confidentiality
Subsect 1.3
Information, about prescribed or none prescribed medication, alluding to or making remarks about a patients condition or status.
Sect 2.
Subsection 2.1
Do not discuss information that can lead to patients being identified or discuss forms or methods of medication in front of other people, members of the public
or anyone not entitled to such information.
_______Amanda Bruce
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Thanks Hannah - and Cristine for all of that. Do not, ever, ever, let people who are supposed to help you and provide your medication put you down. It may not be easy, but give them a reality check, for example
"What is on that prescription is between you, me and my Doctor. If you ever dare to speak out loud about it in the presence of others, you have committed a criminal offence, and do not doubt me, you will be prosecuted. Now, I want to talk to the most senior member of staff here about your misconduct."
Indeed, save a copy of this posting, and if it ever happens again, give them a copy._____________________________
Cristine Shye. ...
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An interesting and not often talked about offence is under section 22 of the Gender Recognition Act 2004 which basically makes it illegal for anyone to “out” someone if they’ve found out by virtue of being an employer or similar. Although it’s a criminal offence, the penalties are quite mild: A “Level 5” fine, which is up to £5,000. As an upper cap, that’s pretty mild given you could quite possibly maliciously destroy someone’s life.
The Freedom of Information Act 2000 (FoIA) gives a general right of public access to all types of recorded information held by public authorities including the Crown Prosecution Service (CPS).
To date it would appear that no prosecutions have been raised in respect of this section 22
http://gendersociety.com/forums/topic/10115/the-gender-recognition-act-2004-and-s-22-privacy a more detailed review of section 22
Matt 'Charlie' ...
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There are also Standard Operating Procedures that the staff must adhear to along with Information Governence rulings . All companies will have a website, where if you feel you have been treated unfairly you can report to the head office of the company & they will take your complaint seriously. When you enter a pharmacy 1 of the signs on display must be the pharmacists name & it will also have their registration number to identify that they are a registered individual. All pharmacies should have cctv operating in store to protect both staff & customers.
Cristine Shye. ...
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Breach of confidence
1. English law also provides remedies for breach of confidence. A duty of confidence arises when confidential information comes to the knowledge of a person (including public authorities such as HSE) in circumstances where it would be unfair were that information to be disclosed to others (e.g. because the recipient of the information was on notice, or had agreed, that the information was to be so treated).
2. Breach of confidence is the breach of a duty which can give rise to a civil claim1. Breach of confidence will usually arise in connection with the disclosure of information which has a commercial value, but can also include personal information about individuals.
3. However, the law governing breach of confidence is complex and continues to develop to “reflect changes in society, technology and business practice”2. Further, Article. 8 of the European Convention on Human Rights (dealing with the right to privacy) has reshaped the action for breach of confidence so that it now protects the misuse of private information3. Therefore, if in doubt you should seek legal advice from the Legal Adviser’s Office.
4. For an action for breach of confidence to be successful it must be established that:
the information has “the necessary degree of confidence about it”;
the information was provided in circumstances importing an obligation of confidence; and
(for an injunction or declaration to be granted), there was an unauthorised use or disclosure of that information and, at least, the risk of damage (damage see Section 22 Gender Recognition Act the right to privacy releasing or imparting information that could cause distress or embarrassment to an individual) also see malicious transphobic remarks under hate crime
Data Protection Act 1998
The Act controls the holding of personal data, defined as data which relate to a living individual who can be identified from those data or from other information in the possession of the ‘data controller’. Health records, meaning any record which consists of information relating to the physical or mental health or condition of an individual, made by or on behalf of a health professional in connection with the care of that individual, are covered by the Act whether in computer or manual form, or a mixture of both.
The data controller is the person who determines the purposes for which and the manner in which personal data is to be processed. My view, and that of the Information Commissioner in the Code of Practice, is that OH records are, or should be, in the control of the OH department, not the employer. The commissioner states that compliance with the Faculty of Occupational Medicine’s Guidance on Ethics is likely to ensure that the requirements of the Data Protection Act are satisfied.
The data controller must notify the holding of personal data on computer to the Information Commissioner and pay an annual fee. It must also observe the data protection principles, the first of which is that personal data shall be processed fairly and lawfully. A breach of the common law duty of confidence is unlawful and thus also a breach of the Act.
Certain data are classified as sensitive and include information about a person’s physical or mental health or condition. Such data may only be disclosed to a third party where one of the conditions in Schedule 2 of the Act and one of the conditions in Schedule 3 of the Act are met. These are very complex, but in essence either the individual must give explicit consent to disclosure or disclosure must be necessary for medical purposes and undertaken by a health professional or a person owing an equivalent duty of confidentiality (for example a clerical worker with a duty of confidentiality in their contract of employment). Medical purposes include preventative medicine, diagnosis, medical research, the provision of care and treatment and the management of healthcare services. Sharing of confidential information among members of a team of health care workers, as in general practice, is permitted because the patient is deemed to have consented to this by implication.
Other data protection principles entitle the individual to information about what data is held and for what purpose, entitle them to a copy of the data on payment of £50, and impose an obligation on the controller to keep data secure, and to ensure that it is accurate and up to date.
Human Rights Act 1998
In 2000, when the Human Rights Act came into force, the European Convention on Human Rights became part of UK law. This is the creation of the Council of Europe (different from the European Union) and the European Court of Human Rights in Strasbourg is quite separate from the European Union Court in Luxembourg.
A direct action can be brought in a UK court only against a public body, such as an NHS trust or a local authority, but the courts must take the convention into account in deciding claims against all kinds of defendants.
Article 8 of the convention gives the right to respect for private and family life, home and correspondence, and therefore supplements the common law of confidentiality, but it is not an unqualified right. Privacy may be justifiably invaded to prevent crime and disorder, to protect health and to protect the rights and freedoms of others. The provisions of Article 8 are therefore very similar to the common law of disclosure in the public interest.
This post was edited by Cristine Jennifer Shye. BL. B/acc at October 22, 2018 8:46 PM BST
