Broom, Doreen [log in to unmask] on
Wednesday, September 19, 2001 11:50 AM stated:-

> Everyone has to explain details of their sickness - we are accountable to
> members of the public (public funds) and we cannot be seen to be allowing
> people to be (skiving!!!)

How does that accord with the guidance provided in 'Private Lives and Public
Powers' published by the ODPR:-

"The duty of Confidence - There are circumstances where an obligation of
confidence arises between two parties, for example, between doctor and
patient, and banker and account holder.  An obligation of confidence can
arise independently of any right of property or contract and gives the
person who imparted the information the right not to have that information
used for other purposes or disclosed without permission unless there is a
clear legal basis for such uses and disclosures or there is an overriding
justification."  The law of confidence applies to public bodies as well as
private.

Do organisations include clauses in their employees contracts which provide
for disclosure of health data?
Would it be lawful to do so?
Would it be appropriate to do so when the consequences for the doctor
patient relationship are considered?

Ian W
----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 19, 2001 11:50 AM
Subject: Re: Control of OH medical data


> Everyone has to explain details of their sickness - we are accountable to
> members of the public (public funds) and we cannot be seen to be allowing
> people to be (skiving!!!)  We have procedures in place where we have an
> interview on first day back to work (with our Line Manager) to ask how we
> are - what exactly was wrong etc etc.  We have an obligation to explain
> being off work.  Perhaps it is different in other government/private
> organisations but it works here.
> D
>
> > -----Original Message-----
> > From: [log in to unmask] [SMTP:[log in to unmask]]
> > Sent: 19 September 2001 11:44
> > To:   [log in to unmask]
> > Subject:      Re: Control of OH medical data
> >
> > In a message dated 19/09/2001 11:29:40 GMT Daylight Time,
> > [log in to unmask] writes:
> >
> > << 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!! >>
> > --------------
> > If a person decides not to tell their employer the precise details of
the
> > illness (I don't mean dates and general descriptions such as "feeling
> > unwell") on the grounds that there is no legal requirement to do so, how
> > could you sack them?  If the person is told (as part of their contract)
> > that
> > if their absence reaches a certain level in terms of number of days,
> > incidence, etc, that they will be referred to the OHP then the
individual
> > (if
> > the OHP is indeed under the control of the employer) may decide not to
> > tell
> > the OHP the precise details of the illness.  "I'm sorry I can't tell
you,
> > because you'll be required to tell my manager and/or HR department".
> >
> > If the OHP can decide not to tell the employer and hold the data in
> > confidence under medical rules then are they not a separate data
> > controller
> > in respect of that information?  Or should the contract terms be altered
> > to
> > allow all but the sensitive stuff to be given to Human Resources?
> >
> > If of course the illness is work-related that may put a different slant
on
> > things because of other legislation.
> >
> >
> > Ian Buckland
> > MD
> > Keep IT Legal Ltd
> >
> > Please Note: The information contained in this document does not replace
> > or
> > negate the need for proper legal advice and/or representation. It is
> > essential that you do not rely upon any advice given without contacting
> > your
> > solicitor.  If you need further explanation of any points raised please
> > contact Keep I.T. Legal Ltd at the address below:
> >
> > 55 Curbar Curve
> > Inkersall, Chesterfield
> > Derbyshire  S43 3HP
> > (Reg 3822335)
> > Tel: 01246 473999
> > Fax: 01246 470742
> > E-mail: [log in to unmask]
> > Website: www.keepitlegal.co.uk
> >
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >     If you wish to leave this list please send the command
> >        leave data-protection to [log in to unmask]
> >             All user commands can be found at : -
> >     www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> > all commands go to [log in to unmask] not the list please!
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
> **********************************************************************
> This email is privileged, confidential and subject to copyright.
> Any unauthorised use or disclosure of its content is prohibited.
> The views expressed in this communication may not necessarily
> be the views held by Scottish Borders Council
> **********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>     If you wish to leave this list please send the command
>        leave data-protection to [log in to unmask]
>             All user commands can be found at : -
>     www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
    www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^