I would appreciate the views of the legal experts in this group as to what
is required to obtain "Explicit Consent" from employees for the processing
of their Health information.
I am particularly thinking of Health Questionnaires required when new
employees join the organisation and completion of Sickness Self
Certification forms for current employees. If their completion is
compulsory as part of that persons employment, then "Explicit Consent" can
surely not be freely given? How should that "Explicit Consent" therefore be
obtained to comply with the Act? How would we stand if we refused a person
employment because they would not complete a Health Questionnaire (or are we
getting into employment law rather than Data Protection)?
I await any comments with interest.
Jonathan Hodgetts
The information transmitted is intended only for the person or entity
to which it is addressed and may contain confidential and/or
privileged material. Any use (including retransmissi6on or copying)
of this information by persons or entities other than the intended
recipient is prohibited. If you are not the intended recipient of this
transmission, please contact the sender and delete the material
from any computer. The sender is not responsible for the
completeness or accuracy of this communication as it has been
transmitted over a public network. Any replies to this email may be
monitored by the MCPS-PRS Alliance for quality control and other
purposes.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|