Hi
Agreed but as is in my Council all employees are made aware that should
there be recurring instances of sickness/patterns of sickness beginning to
form (either genuinely or swinging things) then we are all aware that OH may
come into play - if you refuse then the employer may have grounds for
dismissal and therefore by taking up employment with the employer you are
agreeing to all policies. As to the OH practitioner - the employer may have
an agreement (third party contract) with him/her that any information will
not be further disclosed unless it is in the interests of the employee e.g.
referring to a consultant at a local hospital. That's basically how things
are handled here but every employer may have different scenarios!!
D
> -----Original Message-----
> From: [log in to unmask] [SMTP:[log in to unmask]]
> Sent: 19 September 2001 11:03
> To: [log in to unmask]
> Cc: [log in to unmask]
> Subject: Re: Control of OH medical data
>
> In a message dated 11/09/2001 09:12:15 GMT Daylight Time,
> [log in to unmask] writes:
>
> << I believe that the employer would still be the data controller as most
> employees would sign a contract with the employer and within that
> contract
> (at least as far as this Council is concerned) normal procedure would be
> a
> referral to OH if there is a recurring problem with absence - therefore
> the
> data subject by signing the contract agrees to that practice. Please
> correct me if I am wrong. >>
> ----------
> [Sorry for the delayed response I have been away.]
>
> If the employer is the data controller, then the data controller will need
>
> explicit consent for processing the sensitive data as the exemption for
> "legal requirement" specifically excludes any requirement by way of
> contract.
>
> If the OHP is the data controller then he/she will not need explicit
> consent
> as they would be able to use the exemption covering medical practitioners
> under a duty of medical confidentiality.
>
> I was only trying to help.
>
> Ian Buckland
> MD
> Keep IT Legal Ltd
>
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