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What a crap answer from the NMC .. our code of conduct by them is very clear so you think they would give a stronger answer. I really do think that anything outside NHS really confuses them in there. On 24 September 2014 15:08, Carr Barnes <[log in to unmask]> wrote: > Fiona is right and it looks like this has been upheld in the Court of > Appeal that we have a duty to assert confidentiality > > http://pb.rcpsych.org/content/28/2/53.full > > On 24 September 2014 14:55, Mcloughlin, Fiona <[log in to unmask]> > wrote: > >> Hi Paula >> >> My understanding is that we must have the signed consent of the >> individual. I would NOT release this information at the request of a >> solicitor without a court order. At a recent legal skills course I was >> advised that a court order will clearly say '' It is ordered by.... And it >> will name the judge' . This does not appear to be the case here. >> >> Kind regards >> >> Fiona >> >> >> >> *From:* [log in to unmask] [mailto:[log in to unmask]] *On >> Behalf Of *Paula Highton >> *Sent:* 24 September 2014 14:48 >> *To:* [log in to unmask] >> *Subject:* [OCC-HEALTH] releasing documents >> >> >> >> Would really appreciate some advice >> >> >> >> I have had a request from our insurance brokers to release the OH files >> for a previous employee. There has been no signed authority of consent to >> release his notes and I graciously declined. >> >> >> >> They have since contacted me again with a letter attached from the >> solicitor...... The following is an excerpt from the letter: >> >> >> >> He has pursued a claim against them both and, as part of the same >> litigation, ----- have now been brought in as defendants, having received >> notice of an additional claim for indemnity / contribution from solicitors >> appointed by -----. >> >> >> >> As a consequence there is an obligation, as part of the litigation >> process, for ------ to make available all relevant evidence (including but >> not limited to documentation) that is: >> >> >> >> 1. Relevant to the claim >> 2. Relevant to the incident >> 3. Relevant to the claimant >> >> >> >> You will appreciate that this covers a potentially significant amount of >> evidence, documents and data. >> >> ......... We (that is, ------) have an obligation as part of the Civil >> Procedure Process to undertake a reasonable and proportionate search for >> all relevant documents. >> >> >> >> *My question is can they force me to release documents without signed >> consent of the individual? Last thing I want to do is breach my code of >> conduct and the Data Protection Act.. I don't really understand the legal >> aspects surrounding this request.* >> >> >> >> *Can anyone offer any illumination on this issue?* >> >> >> >> Paula >> >> >> >> >> >> *Paula Highton RN. BSc (Hons) SCPHN (OH)* >> >> *Occupational Health Manager* >> >> *Medical Centre ext 272* >> >> [image: Description: cid:image001.jpg@01CB4A7D.66A88A40]Sheffield >> Forgemasters International Ltd. | Sheffield S9 2RW | Email: >> [log in to unmask] | Tel: 0114 244 9071 Fax: 0114 243 2711 >> >> www.sheffieldforgemasters.com >> >> >> >> >> *Download The Free Forgemasters App For IOS or Android.* >> >> >> <https://itunes.apple.com/us/app/sheffield-forgemasters-international/id833548963?ls=1&mt=8> >> >> <https://play.google.com/store/apps/details?id=uk.co.rckt.Forgemasters360> >> >> ******************************** 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 >> >> -- >> Scanned by iCritical. >> >> ******************************** 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