As I understand it and I wait to be corrected, non medical/clinic personnel have no right to clinical information without the direct written informed consent of the individual. If the individuals have given their written informed consent then the company can do what they like. We (nurses) don't like non medical personnel having access to this kind of information and it is not a setting that most OHN's would be comfortable working in but at the end of the day if the company have informed all employees and the trade unions that sensitive/medical data is being managed this way and they are all in agreement with it then it can happen. However it has to be a written agreed company policy and not the arbitrary whim of a HR manager.
One would have to ask why HR need it and what use it is to them as they are not qualified to interpret it or understand the impact of the results in the workplace. Maybe they just wished to record that the individual had had the vaccination rather than record the results, in the same way as they may be recording what training the individual may have received.
A few years ago I was informed by my HR director that he wanted access to OH records and medical diagnosis. I knew what my answer was but I also took advice from my OHP who is an FFOM and has a quali in employment law and his answer was. Organisations/businesses can do what they like but the staff need to be aware that they are operating that way..Needless to say we conveyed to the organization that if they wished to pursue that policy neither of us would be able to work that way. He backed of, we are still here, and he has left!!. (Not over this issue I have to say!)
Sue
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Amanda Savage
Sent: 03 June 2009 14:55
To: [log in to unmask]
Subject: [OCC-HEALTH] Data Protection
Next part of the 'saga'.
My manager (non clinical) has arranged without my knowledge, or agreement
for employees Hepatitis B details to be put onto the main H.R. computer
system.
I dont know why...
At the moment we hold this information in OH on a data base which works very
well, we haven't asked for them to go onto the HR system and there doesn't
seem to be any benefit (to OH or the individual) from them being held there.
Several things worry me: -
1. I think it would be against one of the data protection priciples as it is not
relevant information for a HR management system.
2. We have individuals who are Core +ve and I fear they may be ostracised.
3. This has been done without consultant with me (the clinical lead).
4. Individuals give their consent for this information to be held in OH only, not
in HR.
Comments/suggestions would be gratefully received as once again I am being
made to look like I'm being negative and making a fuss when I am just trying to
in effect protect employees from the organisation which makes me feel very
uncomfortable.
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