CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM 7. The right of clients to have access to the documents concerning themselves Workers of social welfare institutions asked whether and under which procedure are they entitled to refuse a client access to the documents concerning him or her. As was explained above, the general Act regulating personal data and access to the data is the Personal Data Protection Act. As a general rule, persons have the right to obtain information on personal data concerning them (§ 19 of the PDPA). Under § 35(1) of the Social Welfare Act, a person has the right to receive information about documents concerning him or her in the possession of a welfare worker or in a social welfare institution. Subsection 2 specifies that a welfare worker may refuse to disclose this information if disclosure is contrary to the interests of the person receiving social welfare. Thus, as a rule, upon a client’s request, a service provider must grant the client access to the documents concerning him of her in the possession of the social welfare institution. These may include first and foremost the client’s file. Generally, in accordance with the Minister of Social Affairs Regulation No 4 “List of documents to be collected and maintained by the provider of a special care service”, these include a copy of a personal identity document, decision of referral, copy of the rehabilitation plan, activity plan, medical certificate concerning person’s health, and reports of seizure of prohibited items and substances (if such items have been seized), as well as other documents or their copies having relevance to the provision of special care service to the person. A service provider may derogate from the rule only if granting access to the documents could be contrary to the interests of the service recipient. If access to the documents is restricted, a written and reasoned decision on this must exist and the person should be explained that a complaint or an administrative challenge against the decision may be submitted.17 In practice, it could be recommended that service providers draw up and introduce a special form for the decision on refusal to grant access to data. In such a case, the person making the decision should just fill in the form and there is no danger that something important is missed. The form should also contain a reference to the possibility of appeal (the procedure and the body of appeal). However, drawing up a form for refusal of access to the data does not mean that a service provider is relieved from the duty of consideration under § 35(2) of the Social Welfare Act as to whether access to the data should be granted or denied if the disclosure would be contrary to the interests of the person, as well as the duty to provide reasoning based on the specific circumstances of each case. It should also be pointed out that under the law a service provider may not refuse granting access to the documents only on the basis of a request from third parties − for example, if a person is placed in a social welfare institution at the request of their legal representative and the representative does not wish to disclose this fact to the person under guardianship. A request of a third person may be used as a source of information which is taken into consideration when deciding whether to grant access to the data or not. However, such a request cannot be of decisive importance and exempt the service provider from the duty of consideration. 8. Disclosure of personal data of clients in a social welfare institution During the training it was found that many social welfare institutions have posted signs with the first name and surname of the persons occupying the rooms on the doors of the rooms. The staff asked whether this was permissible. They claimed that the signs were displayed in order to simplify orientation of clients in the institution. By displaying nameplates on the doors, the institution discloses personal data of the clients in the meaning of the Personal Data Protection Act. In addition to residents of the care home, also other persons visiting the institution can have access to the data, including relatives, friends and acquaintances of other clients. 17 The decision constitutes an administrative act in the meaning of the Administrative Procedure Act − thus, the decision should comply with all the formal requirements established by the Act (i.e. reasoning, reference to possibility of appeal, etc). See also, e.g. the Supreme Court Administrative Law Chamber judgment of 23 October 2003 No 3-3-1-57-03, para 23. 17