Agree with Matt. Explicit can be verbal. This is about risk. If you want to ensure there are no disputes about whether it was given, do it in writing.
I can't see why explicit consent couldn't be verbally given, but I'd agree that lack of audit trail is unwise.On 5 February 2016 at 14:36, Gudge, Teresa <[log in to unmask]> wrote:Oooooooooo I’d say that verbal consent wasn’t good enough – it has to be explicit with anything to do with health so how is verbal good enough ?
Teresa Gudge
Information Security & Data Protection Manager ISEB DP, CISM
Information Records Management
Historic England, Room G/60, The Engine House, Fire Fly Avenue, Swindon, Wiltshire, SN2 2EH
Tel: 07717 800989
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From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Goldsmiths Data Protection
Sent: 05 February 2016 14:16
To: [log in to unmask]
Subject: [data-protection] Occupational Health Consent
Hi all,
Our occupational health provider obtains verbal consent from the patient at the time of the appointment to have the patient's health report sent back to their line manager and HR. While I can't find any guidance stating that explicit consent must be written, this doesn't not seem to be good practice since we have no proof that consent was obtained. We have an issue where the report was shared and the patient is now saying that he didn't give consent.
How do your OH providers obtain consent to have medical reports shared with the employer? Is verbal consent in this instance common practice?
Thanks!
Alex Harris
Information Governance and Records Manager
Goldsmiths, University of London
New Cross, London SE14 6NW
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