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

 Sheffield Forgemasters International Ltd. | Sheffield S9 2RW | Email: [log in to unmask] | Tel: 0114 244 9071 Fax: 0114 243 2711

www.sheffieldforgemasters.com

 

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