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I would approach the problem on these lines:

Is the information personal data in automated form?

Is the information an Accessible Record?

Is access permitted under other legisation (Access to Medical Reports)?

If any of the above is yes, then the right of access applies now subject to 
an exemption


If all NO, then right does not apply until October 24th next year.

Does this make sense?


-----Original Message-----
From: MIME :[log in to unmask] 
Sent: 15 June 2000 11:07
To: [log in to unmask]
Subject: Health Records


Advice pls.

An employee consults her doctor, and gets signed off work  for several
months.  Subsequently, her doctor is asked to report on her fitness for
work.  The employee asks her Doctor for a copy of the report he is
submitting to her employer's occupational health organisatoin.  S/he gives
her the requested info.  On her return to work she asks personnel for a copy 
of the report that the
Occupational Health organisation supplied to her employer and it is refused.
She believes following a discussion with her manager about her working hours
that there is an inconsistency in what her doctor said and what the
occupational health organisation said about her.

I dont believe the employer is correct to do this, unless they can prove
that releasing this data will be detrimental to her health and could cause
harm.

Comments pls

Edwina Withe



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