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Good Answers re: referring back to the organisation's DPA policy; some places I've worked at do insist on notifying the employer if a request has been made by an employee. It's a "subject access data request" and if you read the DPA guidance online it states email is an acceptable form of 'written' request: * A request sent by email or fax is as valid as one sent in hard copy. * http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data.aspx http://www.ico.gov.uk/for_the_public/personal_information/how_manage/access_info.aspx Although I must concur with others and say signed written request makes me feel more comfortable; then again how do you know the signature is the employees if you have nothing to compare against (hope you have other signatures on other consents and/or health surveillance forms I guess) Just a thought! Sent from my iPhone Kind Regards, Tim Ellis RN, SPCHN (OH), PgDip OH Occupational Health Advisor Loughborough University Epinal Way Loughborough Leicestershire LE11 3TU Tel: 01509 222851 Mobile: 07917 053340 Fax: 01509 222852 On 18 Sep 2012, at 14:47, "Lesley Bamford" <[log in to unmask]<mailto:[log in to unmask]>> wrote: Yes I should clarify that I have now asked them to write to the relevant individual not me! Lesley ________________________________ From: [log in to unmask]<mailto:[log in to unmask]> [mailto:[log in to unmask]] On Behalf Of sharon naylor Sent: 18 September 2012 14:42 To: [log in to unmask]<mailto:[log in to unmask]> Subject: Re: [OCC-HEALTH] Access to OH records. Does the company need to know? The written request should go to whoever holds the responsibility for data protection, not to you personally. If its goes to you then its back to square one...... ________________________________ Date: Tue, 18 Sep 2012 14:39:20 +0100 From: [log in to unmask]<mailto:[log in to unmask]> Subject: Re: [OCC-HEALTH] Access to OH records. Does the company need to know? To: [log in to unmask]<mailto:[log in to unmask]> Great response as always, thank you. I have already asked for a written request and was unsure whether I needed to inform management or HR that a request had been made. This method very firmly bats it back to the employee. Thanks Again Lesley ________________________________ From: [log in to unmask]<mailto:[log in to unmask]> [mailto:[log in to unmask]] On Behalf Of sharon naylor Sent: 18 September 2012 14:19 To: [log in to unmask]<mailto:[log in to unmask]> Subject: Re: [OCC-HEALTH] Access to OH records. Does the company need to know? I would concur with Carr. If there are "warning lights" then make sure that they follow their employers procedures. If you release them "confidentially" ie OUT of procedure its sods law that they will take issue with something in them, or quote them, possibly out of context, in any impending management procedures. Or someone will take issue in that you havent gone through the right procedures and then all hell has the potential to break loose.....too complicated by half! Also it is a request by Email - you cant be sure that its the actual person asking for the notes. Such disclosures require written and signed requests in my world. In the past when I have had such requests, in similar circumstances, and pointed them, with a sweet smile, in the direction of the right procedures, I have strangely heard nothing else.... ________________________________ Date: Tue, 18 Sep 2012 14:08:47 +0100 From: [log in to unmask]<mailto:[log in to unmask]> Subject: Re: [OCC-HEALTH] Access to OH records. Does the company need to know? To: [log in to unmask]<mailto:[log in to unmask]> Hi This ultimately comes under the employer's policy on data protection. I would bounce back to the employee that they need to put the request in writing to the relevant person in charge of data protection and that their manager and/or HR can advise them further on this process if needed. Then just wait for formal procedurally correct request. Regards, Carr On Sep 18, 2012 1:01 PM, "Celia" <[log in to unmask]<mailto:[log in to unmask]>> wrote: Hi Lesley I always make the client aware that my reply to management request includes advice and recommendations, and both as an independent and contracted OHA I always insist that the client signs permission to this effect. I have worked for some companies who refuse to undertake an interview unless the person being interviewed consents to information being passed on to Management. The information is confidential and therefore no matter who's paper and rescources are used to produce it, you do need the person's consent, otherwise it is a breach of confidentiality. Celia Fairhurst -----Original Message----- From: Lesley Bamford <[log in to unmask]<mailto:[log in to unmask]>> To: OCC-HEALTH <[log in to unmask]<mailto:[log in to unmask]>> Sent: Tue, 18 Sep 2012 12:39 Subject: [OCC-HEALTH] Access to OH records. Does the company need to know? Hi All, I am unsure what I am going to do in this case and would be reallly grateful for your thoughts before I act. An employee has asked me by email to "confidentailly" provide them with copies of any notes I have from previous conversations with them (I presume they mean my case notes). Of course the individual has a right to thier records and I have no issues with this however, because in theory the notes belong to the company and any copies I made would be on company paper using company resources do I need to tell them? Warning lights are already flashing around this case and I am being very careful to be impartial and not appear to be coming down on any one side. One minute I decide to do one thing and the next another! Your input would be greatly appreciated. Kind Regards Lesley ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH [http://o.aolcdn.com/cdn.webmail.aol.com/stationery/resources/v1/daisies/daisies_bg.gif] ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH ******************************** Please remove this footer before replying. 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E-mails are not secure and cannot be guaranteed to be error free as they can be intercepted, amended, lost or destroyed or contain viruses. Anyone communicating with us by e-mail is taken to accept these risks. South Staffordshire Water PLC Green Lane, Walsall, WS2 7PD Registered in England No. 2662742 ##################################################################################### ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH ******************************** Please remove this footer before replying. 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