Pearse Doherty
Question:604. Deputy Pearse Doherty asked the Minister for Health when a response will issue to Parliamentary Question No. 225 of 23 January 2014; and if he will make a statement on the matter. [17635/14]
View answerTuesday, 15 April 2014
Questions (604)
Written answers
I wrote to Deputy Doherty earlier last week when I received the report from the HSE, the detail of which is restated below.
Persons who hold medical card or GP visit card eligibility are subject to periodic assessment review to determine continuing eligibility. The review notification that issues includes the HSE contact information, should they require assistance, clarification or wish to make an inquiry in relation to the review. Persons calling the number provided, will be greeted by an automated message, voicing a menu of options from which the caller is invited to select to access the particular service area of choice. The automated message also includes a notification that connected calls to this line “may be recorded for training and quality purposes". The ‘training and quality purposes’ referred to relate to the monitoring of staff performance in meeting expected service standards. This is part of routine staff performance appraisal in which call handling is assessed or is part of a performance review originating from a customer complaint expressing dissatisfaction with how his/her phone query was handled.
The HSE considers it among its legitimate interests to performance manage its staff and monitor the service standards being provided to the public in responding to their call queries relating to medical card/GP visit card eligibility. Having access to a recording of these calls is integral to the purposes of performance management and service quality appraisal. Section 2A of the Data Protection Acts permits the processing (including obtaining, recording, keeping or using) of personal data if the following conditions are complied with:
(a) Data is obtained fairly and processed fairly i.e. the data subject is informed of the purpose that the data is to be used for and that this purpose is not likely to cause substantial and unwarranted distress to the data subject
(b) Data is obtained only for a specified, explicit and legitimate purpose and that the data is used and/or disclosed in ways compatible to this purpose
(c) Data is adequate, relevant and not excessive for the purpose collected/used
(d) Data is kept secure and retained only for the duration it is needed
(e) Processing of the data is necessary for the purposes of the legitimate interests pursued by the data controller.
The HSE is satisfied that the automated recorded message that each caller to the HSE help-line receives, informing that the call may be recorded and used for training and quality purposes, is sufficiently transparent to meet the obligations above owed to the data subject. In addition, the HSE is satisfied that recording call contacts to the helpline and using this information for performance appraisal and quality assurance purposes is a legitimate interest of the HSE, pursued in a manner that is proportionate in safeguarding the privacy rights of individuals as required under the Data Protection legislation.
An individual/data subject has the right under section 6A of the Data Protection Acts to object to the recording/use of his/her personal data if the use/processing of this information would cause substantial and unwarranted damage or distress to the individual concerned. A person can exercise this right by writing to the HSE requesting, in this instance, that the HSE cease or not begin to use information about the individual recorded in call contacts to the medical card/GP visit card helpline because it is having or would have the effect as stated under Section 6A. Also, an individual/data subject may exercise the right to access call recordings to the helpline that relate to him/herself, by making a request to the HSE under section 4 of the Data Protection Acts (to include payment of €6.35 application fee) or under section 7 of the Freedom of Information Acts.