I believe that the employer would still be the data controller as most
employees would sign a contract with the employer and within that contract
(at least as far as this Council is concerned) normal procedure would be a
referral to OH if there is a recurring problem with absence - therefore the
data subject by signing the contract agrees to that practice. Please
correct me if I am wrong.
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 826516
e-mail: [log in to unmask]
> -----Original Message-----
> From: [log in to unmask] [SMTP:[log in to unmask]]
> Sent: 10 September 2001 22:39
> To: [log in to unmask]
> Subject: Re: Control of OH medical data
>
> Whether or not the OHU is registered separately, the requirement for Human
> Resources / Personnel to have explicit consent to hold sickness details of
> staff would probably not apply to OH physicians.
>
> This would mean that self certification and doctors' notes would have to
> go
> directly to OHU rather than the HR/personnel unit.
>
> Medical and DPA rules would of course prevent disclosure to the
> HR/personnel
> department without consent but the OHU could perform the employer's duties
> in
> terms of welfare counselling and non-sensitive details (e.g. dates of
> absence) could be given to the employer as part of the employee's contract
> for SSP purposes.
>
> But does this mean that the employer is still the controller because they
> have decided the route of the sensitive personal data?
>
> Ian Buckland
> MD
> Keep IT Legal Ltd
>
> Please Note: The information contained in this document does not replace
> or
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> contact Keep I.T. Legal Ltd at the address below:
>
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