Regrettably the attachment was removed by the list software, so it is only
possible to give a general answer:
If the data collected is excessive then it seems to me that the act is
breached, even if it is "standard policy" to require all questions to be
answered. I am applying the duck test here, and this feels like "forced
consent", certainly in the way the enquirer has worded their query. Even if
it proves to be lawful this is leaving a nasty taste in people's mouths, and
so there is something that needs to be done regardless.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jon Leonard
Sent: 24 January 2005 09:19
To: [log in to unmask]
Subject: [data-protection] Medical Records form
Dear all
I work for HBS supporting Lincolnshire County Council. I am not actually a
member of the DP list but I am covering for Data Protection in David Forbes'
absence. One of the queries he has received concerns a medical form which is
sent out.
I have attached the form for your reference and the concerns raised about it
are below:
"When I was offered my current job here at LCC it was on the condition that
I had satisfactory references and that I was also fit enough, I had complete
a Well Work Employee Occupation Health form (see attached). The form
consisted of 64 medical questions which is obviously very personal.
Although I did not agree with the form I completed it anyway as I really
wanted the job and I didn't want to disadvantage myself in anyway.
I thought that the attached form was breaching principals 1 and 3 of the
Data Protection Act?
I think that it is probably a valid point as although some of the questions
may well be relevant to some jobs, all of the questions are not relevant to
all jobs. The point about filling in the form is interesting because as
people have usually been offered a job before they see this form they may
feel that although they disagree with filling the form in they may well do
so rather than querying the form as they feel that this may jeopardise the
job they are being offered."
My own feelings are that the form does not reference the DP Act and the
nature of the wording compels you to fill in the details even though you
would feel uneasy doing so.
I have access to David's e-mails so replies to this list will be read.
Thanks in advance for your help.
Jon
----------------------------------------------
Jon Leonard
Senior Analyst/Programmer
Applications Support Team
IT Division
HBS Business Services/LCC
Tel: 01522 83 ext. 6155
Fax: 01522 516016
-----------------------------------------------
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