Whether or not the OHU is registered separately, the requirement for Human
Resources / Personnel to have explicit consent to hold sickness details of
staff would probably not apply to OH physicians.
This would mean that self certification and doctors' notes would have to go
directly to OHU rather than the HR/personnel unit.
Medical and DPA rules would of course prevent disclosure to the HR/personnel
department without consent but the OHU could perform the employer's duties in
terms of welfare counselling and non-sensitive details (e.g. dates of
absence) could be given to the employer as part of the employee's contract
for SSP purposes.
But does this mean that the employer is still the controller because they
have decided the route of the sensitive personal data?
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
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essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
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Derbyshire S43 3HP
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