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Catherine, The employee or ex-employee is entitled to request sight of, or copies of anything written about him/her. This is done under the Human Rights Act and/or the Data Protection Act. The Medical Records Act also applies to medical records, but if either or both of the HRA/DPA are cited in the request, you needn't worry about the MRA. The request must be in writing and your department is entitled to charge a "reasonable" fee for copying, which must not exceed £50, but will usually be much less. The copy must be provided withing a reasonable period (I don't recall how long you've got). No permission is needed from the institution. Consent given more than a few months ago, in a different situation and for a different purpose is not valid informed consent. If the institution is so keen to get their hands on the file, they have a very simple remedy - write to the individual & request consent. You or another OH professional should go through the photocopied file and remove identifiable references to other individuals mentioned. (NOT Dr/nurse names/signatures. This is to protect the privacy of the third party individuals) At this stage, no one else has a right to see the notes and they can be prosecuted under the above legislation for breaches. Once an action is commenced, or a lawyer writes indicating that proceedings are contemplated, all relevant documents become discoverable to both sides. If the request came via a lawyer, the consent will usually explicitly state consent for release to both parties. In this event, your legal department would probably go through the notes to remove the third party references. If the worst comes to the worst and you are being threatened, you may wish to invoke one or more of your employer's harrassment/grievance/whistleblowing procedures. I trust this helps a little. Dr Trevor Maze Occupational Physician Premier Occupational Healthcare 3, Folkestone Enterprise Centre Shearway Business Park, Shearway Road Folkestone, Kent, CT19 4RH T: 0870 444 1399 M: 07985 2777 99 F: 0870 444 2908 For more information about Premier Occupational Healthcare, visit <http://www.premierohc.co.uk> http://www.premierohc.co.uk For jobs in Occupational Health, visit <http://uk.groups.yahoo.com/group/OHJobs> http://uk.groups.yahoo.com/group/OHJobs -----Original Message----- From: Catherine Cross [mailto:[log in to unmask]] Sent: 23 June 2004 15:45 To: [log in to unmask] Subject: Confidentiality - your help please Dear All Your help is needed. Let me set the scene. I have been recently employed as an OHA at a large academic institution. An ex employee is trying to claim discrimination under the DDA. I have never seen this ex employee, so therefore have not dealt with them. I have said that if this ex employee was covered under the DDA then I would assume that my predecessors would have indicated this. The Institition has asked for access to her medical notes. I have advised that I will give copies to both sets of solicitors when 2 consent forms are received by myself at the same time. However, this ex employee does not have legal representation and has asked for copies of her medical notes - which I am about to give. The place I work for does not like this, because this person will not give them consent to access there medical notes. After discussing the issue today with the Personnel Director he has indicated that beacuse they have been referred to OH they have given there consent to let the Institution have automatic access to there records. I have said that this is not the case. They have asked if I can look at this ex employee's medical notes to see if they are or should be covered under the DDA and if this has ever been mentioned in the medical notes. I have tried to explain my professional code of conduct re confidentiality etc, and have been told that this is not the behaviour (my interpretation) of OH, I get the feeling they think I'm being very obstructive. My question is what do I do?, can I give an opinion and look at this ex employee's medical notes without there consent. I have been told I have to give the reasons why eg code of conduct, DPA etc by Friday! Any advice would be gratefully received. Cate ~~~~~~~~~~~~~~~ Please remove this footer before replying. For list archives and documents, go to http://www.jiscmail.ac.uk/lists/occ-health.html for list archives For jobs in Occupational Health, go to http://uk.groups.yahoo.com/group/OHJobs/