A good question, Ivan, thank you.

I’m a private counsellor who does not store client-related data (notes, personal ID) on computer. The provisions of the DPA 98 apply to some manual and
all computerised records, and was challenged by the Freedom of Information Act 2000.

I have deliberately chosen not to store information on computer and, as such, the ICO confirms that I do not have to be registered under the data protection act.

Clinical notes may be about my view of the case, not about the client’s personal information. For example, BACP’s G1 archived guidelines (“Access to records of counselling and psychotherapy”) state: ” Access to information identifying contributions by third parties, e.g. family members, may be withheld to protect the confidentiality of these third parties. Access to information may also be withheld where access would result in ‘serious harm’ being caused to the data subject, or to another person. Serious harm relates to the physical or mental health or condition of the data subject or third party concerned.”

Each request for information will be different, of course, and as you see the consideration to reveal notes or not can be quite involved.