Ian
Tend to agree
I wonder who really decides why the information is neccessary and its use.
The forms I have to complete are definitely legacy. As a DPA onlooker it
appears to me various initiatives using data stem from the concept of if the
information is there lets manipulate it to see where it leads us.
If it is only for management information a better form would on the face of
it be one contain the tick boxes of the specific catagories of ailments an
employer is trying to get visibility of. Even collecting a ame in every case
appears to be debateable if the MI is to assist fixing the problem of
minimise lost work days. Collecting more data appears to create even more
frictions between employer and employee which could lead to the oppposite
effect intended. How many of us really like form filling. As you point out
the accuracy of the data from an MI view can be suspect but not a DPA
problem as long as data is recorded accurately from the data subject.
The return to work interview is adding fuel to the 'monitoring employee'
fire so it will be no suprise to me if individuals start to respond via
available legislative rights.
David Wyatt
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Ian Welton
> Sent: 08 November 2001 20:46
> To: [log in to unmask]
> Subject: Re: medical information recorded by personnel sections
>
>
> "Mark Lenihan" <[log in to unmask]> on
> Thursday, November 08, 2001 at 9:43 AM said:-
>
> > As these are from
> > a doctor and carry some indication of the reason for a person being off
> > there would then be a record of the actual reason for the sickness
> absence.
>
> It has been stated directly to me that doctors will sometimes not
> record the
> actual details for illness on a sick note, or they will wrap it up in a
> medical term, to try and protect the patient, when the illness
> is sensitive
> in some way.
>
> Putting aside the accurate data and other related issues, that
> does not say
> much for confidence in the handling of this sensitive information by
> organisations.
>
> How many places within organisations, really need to know what the illness
> is? Do any?
> Is it more there is a need to have information that is trusted, indicating
> an illness is genuine, and some sort of estimate as to the period of time
> the individual is likely to be absent for?
>
> Another member of the group stated:-
>
> > It seems that many current arrangements date from "way back"
> > and take no real account of the changes in various legislation over
> > the years.
>
> Is the system merely an historical anachronism? Are there any better
> processes out there, or is it possible to devise one?
>
> Ian W
>
> ----- Original Message -----
> From: "Mark Lenihan" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, November 08, 2001 9:43 AM
> Subject: Re: medical information recorded by personnel sections
>
>
> > The following is a personal view.
> >
> > I suspect this is one of those areas that has never been properly looked
> at,
> > and organisations more or less do as they please. Wherever I
> have worked I
> > have been expected to provide some symptomatic reason for being
> off sick.
> As
> > a manager I have expected staff to give reasons for being off sick. This
> > situation has only applied to short term sickness (under a week), since,
> for
> > periods beyond a week medical certificates were expected. As these are
> from
> > a doctor and carry some indication of the reason for a person being off
> > there would then be a record of the actual reason for the sickness
> absence.
> >
> > As a manager I would only expect take action over sickness
> absence if the
> > number of days off exceeded the standard set by the organisation, or if
> the
> > absences exhibited a pattern (e.g. every Monday). Also, the organisation
> may
> > expect a 'return to work' interview to be held for any length
> of absence.
> >
> > The problem that I can see with the system that I am familiar
> with is that
> > the initial sickness reporting (with details) can be collected
> by anybody
> in
> > the organisation. A member of staff may not be able to speak directly to
> > their manager and may have to leave a message with another
> member of staff
> > or on an answer machine. The purposes of this initial data collection is
> to
> > determine whether a member of staff is available for work, and
> it is also
> > 'sensitive data' relating to health. The reason for the absence (other
> than
> > 'off sick'), is not immediately relevant. It should therefore be covered
> by
> > Principles 1 and 3 of the DPA. If further action is required, such as a
> > sickness interview with a manager or personnel, the reasons for the
> > absence(s) can be considered in a closed meeting. Doctor's certificates
> > should only be seen by a relevant manager. This should ensure that
> personal
> > details are kept to those who need to know, and that any
> processing should
> > be within the interests of the data subject.
> >
> >
> >
> >
> >
> >
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