New Data Protection Code on employees’ health records
On 13th December the Information Commissioner published the fourth part of the Employment Practices Data Protection Code, "Information about Workers’ Health”.
Paul Seath, an associate in our Employment Department, says: “HR/personnel workers and their lawyers have eagerly awaited the Code because it helps them decide what can and cannot be done with information about a worker’s medical history. “Information about people’s health is very sensitive and requires effective protection,” said David Smith, Assistant Information Commissioner. “This part of the Code addresses issues of real, practical relevance to many employers and those they employ.” Employers may have alternative ways of meeting their legal requirements under the Data Protection Act when handling information about workers health, but if they do nothing to apply the principles behind the Code they risk breaking the law. This part of the code looks at the collection and subsequent use of information about a worker’s physical or mental health or condition.
In general employers should only collect health information where it is necessary for health and safety reasons, to prevent discrimination, to satisfy other legal obligations or if each worker has given his or her explicit consent. If consent is to be relied upon, it must be given freely. In view of the intrusive nature of information relating to health, its collection must always be justified by real benefits. An impact assessment may therefore be necessary. Only information necessary for the defined purpose should be collected, and it should then be kept securely, and only for as long as absolutely required. Only those people who need to see the information should be authorised to access it.
So far as possible, advises the Code, the collection and interpretation of information about health should be left to medical professionals, although decisions as to the suitability of a particular worker for a particular job are a management responsibility. In addition workers should be made aware of the health information held about them and the reasons for it.
The Code also highlights specific problems relating to sickness and injury records, occupational health schemes, information from medical examination and testing, drug and alcohol testing and genetic testing.”
If you want any advice in this area or in the field of employment law or data protection law in general contact Paul
Seath on (0117) 929 0451 or e-mail pseath@metcalfes.co.uk
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published