Would your Occupational Health folk not be Data Controllers in their own
right? If that is the case, then the problem would be theirs.
Naturally any transfer would be dealt with in the contract with the new Occ
Health folk which should come from your Personnel / HR people.
Consent is tricky, and naturally assume that the original company asked in
the first place. I know our 'old' Occ Health people didn't bother! I got
a bit hot and bothered for a while until I realised that it wasn't really
my problem. I did still chase them on this until they left :o)
So obtaining the okay would be up to the new people (who may no bother!),
> We've a problem with occupational health records here which I'm
wondering if anyone can help with.
> Basically, we've just changed our occupational health provider and I
have been asked by our Personnel department about how existing files are to
be transferred from the old provider to the new. The problem here is
consent - we have a letter from the new provider informing staff that their
files are going to be transferred, why, how they are to be used and
accessed, etc, and with contact details in case of queries, but we were
wondering if signed consent to the transfer is needed. Written consent was
given to the old company, but now presumably written consent would be
needed for the transfer to the new?
> The other issue is what to do with files where the transfer has been
objected to - most contain information that the employer shouldn't see, but
which needs to be retained.
> Any help gratefully recieved!
> Sarah Henning
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