Have other list members read 4.1.1 of the IC's new Legal Guidance and
wondered if it causes a problem with employee sick records, held by their
manager, when an SAR is received by the manager.
The statement is not clear as to whether it only applies to medical records
as held by a GP, hospital, occ. health dept. etc., or ALL records of
physical/mental health as this would include sickness absence records.
My reasoning is as follows:
* The section states that unless you are a health professional or have
consulted one, you cannot disclose information regarding physical/mental
health. Therefore you have to consult to provide the right of access.
* If you have consulted within the last 6 months you have an
excemption from disclosing if the information would cause serious harm to
the data subject.
* To rely on the above exemption you need to consider if you should
re-consult.
* The exemption to not consulting to allow disclosure, because you
have in the last 6 months, doesn't apply if the data subject already knows
what is in the information.
* This takes you back to the first part of the statement, where the
data subject has a right to the information but you have to consult before
providing it, and, before the exemption removing the right applies, where
you cannot disclose physical/mental health information unless you are, or
have consulted a health professional.
Does this mean that a manager would have to take a health professional's
advice before disclosing an employee's sickness absence record to the
employee as part of an SAR?
Nic Drew
DPO
Cardiff & Vale NHS Trust
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