I had this same issue a while back where by I was presented with a request that was more than 6 months old. Our OH physician contacted the Data Controller for advice. We were advised although there is no set time limit we have to prove it was dealt with in a reasonable time frame and that more than 6 months is not reasonable.
The physician informed the data commissioner that some pressure was being put on us (on me) by the health and safety manager to send the medical records regardless of the "out of date" request. We were advised by the data commissioner "he can shout and demand as much as he wants, it is you who has to prove it was dealt with in a reasonable time frame."
We now only accept requests that have a date within 3 months, any longer date than that and we ask HR to get an up to date request for us, from the solicitor. It has worked so well that HR now automatically ask solicitors to resubmit a new request if they themselves see the date as being more than 3 months (before they pass it onto us) and they inform the solicitors that Occupational Health will not accept this date!
Lynn Brannigan
Lead Occupational Health Adviser
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Message Received: Aug 20 2015, 05:02 PM
From: "Carr Barnes" <[log in to unmask]>
To: [log in to unmask]
Cc:
Subject: Re: [OCC-HEALTH] Re GP report consent
As Lynda says the underpinning ethic is current/contemporary and informed.
There is no standard time. Some companies use 3 months as a guide however
if it is clear that consent was given for a different issue new informed
consent would be needed.
Regards
Carr
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