There is more than one piece of legislation involved here, not only DAP
but also Medical Records Act, Access to Medical Reports Act and others.
You have to be clear about what sort of information you are referring to
- ie. you must distinguish between "medical records" (records held by
health care professionals, GPs etc., which the individuals have the
right to access, but their employer doesn't), "medical absence records"
(held by employers, often requested on job application forms) and
"medical reports" (such as those commissioned by employers of 3rd party
doctors to assess why an employee is missing a lot of work).
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Smith, Tony
Sent: 06 November 2006 11:52
To: [log in to unmask]
Subject: [data-protection] Medical records/reports
We have had a query from one of our bureaux regarding an employee's
rights to refuse consent and/or to see medical records/reports before
they are disclosed to an employer. I think that I am reasonably safe in
saying that, unless a report is produced for a tribunal/court case, the
employee may refuse to disclose it. I also believe that the patient has
a full right to see all the records (on payment of fee and, subject to
fact that disclosure would not be harmful to the patient) but, I am not
sure what other rules are out there.
I assume that an employer is entitled to see some records if an employee
is regularly off work and also that the employee may ask for some
information to be withheld but, is there any information about where the
line should be drawn?
I am not so sure whether an employer can ask for records of a
prospective employee. I assume that, if they insisted on full records
they might leave themselves open to a DDA claim.
Any ideas?
I am aware that any advice given would be with the caveat that refusal
to disclose information might have an effect on the employee/employer
relationship.
Tony Smith
Information Officer
Citizens' Advice
115-123 Pentonville Road
London
N1 9LZ
Tel 020 7833 7082
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