Rights of Erasure

What to do when your client requests that you destroy all of the notes that you hold on them

BY CLAIRE SQUIRE, BALENS LTD

Have you ever thought what you would do if a client told you that they want you to erase all of the data that you hold on them? What does this mean? What would the implications be if they later made a complaint or claim against you, and you had no records of what was said or done, in order to defend yourself? This short article will explore individuals legal Right of Erasure as defined by the 2018 Data Protection Act, and your rights as a practicing Therapist to retain information to defend yourself in the event of a potential Claim situation.

Right Of Erasure

The 2018 Data Protection Act provides all Natural Persons with a Right of Erasure, where a business or organisation holds personal information related to them. However, this Right is not absolute, and there are certain circumstances in which the business or organisation may refuse such a request for data to be deleted. These as noted on the Information Commissioners Office website as:

◆ to exercise the right of freedom of expression and information;

◆ to comply with a legal obligation;

◆ for the performance of a task carried out in the public interest or in the exercise of official authority;

◆ for archiving purposes in the public interest, scientific research historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing; or

◆ for the establishment, exercise or defence of legal claims.

HOW LONG SHOULD DATA BE KEPT?

Insurance policies are contracts, and thus legal documents, between the Insurer and the Insured, and will have Terms and Conditions attached to these that both parties will need to comply with. For a Professional Liability Insurance policy these will typically