Employer's provided medical examination vs. Data Protection.

joujoujou

Hello everybody.

My employer is carrying medical testing for all the employees. Part of this are a number of various forms to fill in by employees themselves, about many health issues, current and past ones, etc.

That's fine.

However, each of them contains a disclaimer stating that

I understand that relevant details of my personal/medical history may be disclosed to the personnel department at the discretion of the Occupational Physician. The report will be sent to (empty space) who has undertaken to be responsible for its confidentiality.

...and it requires employee's signature.

I am not convinced at all how my private health data will remain private if handed over to my employer, so I'd like to ask you what are my options?

Can I deny (under the Data Protection Acts 1988 and 2003) my private health data to be disclosed to my employer?

Thanks.

Glass fused light

joujoujou wrote: »

Hello everybody.

My employer is carrying medical testing for all the employees. Part of this are a number of various forms to fill in by employees themselves, about many health issues, current and past ones, etc.

That's fine.

However, each of them contains a disclaimer stating that ...and it requires employee's signature.

I am not convinced at all how my private health data will remain private if handed over to my employer, so I'd like to ask you what are my options?

Can I deny (under the Data Protection Acts 1988 and 2003) my private health data to be disclosed to my employer?

Thanks.

What is the objective of the testing. Who is actually doing the testing is it a doctor and when do you have to sign the document.
Ie is it before your appointment or can you discuss this with the doctor?
What happens if you don't want to participate.

joujoujou

Glass fused light wrote: »

What is the objective of the testing.

On the forms - virtually everything. Smoking, drinking, skin, ENT, lung, surgical/hospital attending history, allergies, accidents and many more.

Glass fused light wrote: »

Who is actually doing the testing is it a doctor

Doctor or nurse. I did not attend yet.

Glass fused light wrote: »

and when do you have to sign the document.
Ie is it before your appointment or can you discuss this with the doctor?

That's not determined on the form.

Glass fused light wrote: »

What happens if you don't want to participate.

I'd rather won't try not to participate.

If my understanding of info on Data Protection Commissioner website is correct, I have right to refuse sharing my private medical files to third party with only exception that data is anonymous or a part of bigger (statistic) file.

Pelvis

I'd say you have two choices.

1. Consent to sharing health data and do the medical
2. Don't consent and don't do the medical

Is it supposed to be a mandatory medical?

Shane Fitz

Is this not "health screening" pre employment rather than "health testing"
Also bear in mind the Occ Health Physician is still bound by medical confidentiality. .. they can't just share "anything" with your employer.

Stheno

Shane Fitz wrote: »

Is this not "health screening" pre employment rather than "health testing"
Also bear in mind the Occ Health Physician is still bound by medical confidentiality. .. they can't just share "anything" with your employer.

they can if op signs the disclaimer?

Glass fused light

Stheno wrote: »

they can if op signs the disclaimer?

Yes the full medical history could be disclosed if the OT deemed relevant, it's not likely to be full disclosure but how long will the original form be retained by the OT.

It's also relevant to the role the OP has as to what is likely to be disclosed.

The OP needs to understand why the screening is taking place, ie why is the company offering to pay for the screening, and how often the screening will take place.


The OP has an additional issue regarding the named person who will be given the information, as if this person is the company gossip, then the OP needs to resolve this issue with management too.

dudara

OP, your company can have the right to receive data from the doctor in so far as it relates to your employment. However, they should be clearly able to explain to you which data they will receive and why they require this data, how they will protect it etc.

The form you’re being asked to sign should clearly state the name or the role of the person receiving th data. A blank space is not good enough.

Your reference to third parties and data aggregation is not accurate in this situation. We are talking about your employer.

Vetch

A contract I've seen between an employer and occupational health provider goes along the following lines - employer gives job description of employee to doctor, employee goes to doctor, doctor tells employer if employee has any medical issue that affects ability to do job as described in job description. This is proportionate. Full disclosure is unlikely to be proportionate.

Any doctor will keep records for seven-eight years to protect themselves.

Are you sending the completed form direct to the doctor? You can also request a copy of whatever they send to your employer. Also ask who it will be shared with internally and it will be used for. I don't really think the form asks for your 'consent' for the sharing of data with your employer. If it's worded exactly as you say, you're merely acknowledging that you understand that data will be shared.

joujoujou

Thank you all for very helpful information, much appreciated.

Now, it's second time employer carry out such survey, however the first time, couple of years ago, there was no detailed forms to fill in, just medical examination, all during work hours, on site.

As claimed on one of the forms, the whole thing is to determine if employee is fit for work or not. And I have no problem if that (and only that) information is handed over to employer. If I understood correctly what Data Protection Acts said, nothing else is necessary for employer to know about me. I don't think my reference to third party in that matter is not accurate. Doctor/nurse is indeed bound by medical confidentiality and only Court verdict or my own clearly expressed request can enforce them to release detailed data to anybody else. Open to correction though.

The forms will be given to doctor/nurse at the very beginning of medical examination which will take place tonight. I will sign a disclaimer that data given is as complete and accurate as possible according to my knowledge, but I will NOT sign any declaration of consent.

Glass fused light

joujoujou wrote: »

The forms will be given to doctor/nurse at the very beginning of medical examination which will take place tonight. I will sign a disclaimer that data given is as complete and accurate as possible according to my knowledge, but I will NOT sign any declaration of consent.

The doctor or nurse are acting on behalf of your employer, if you don't sign the consent they can't send any information over. Prehaps you should speak with you're HR person to iron out your concerns before your appointment.

Vetch

The references to consent here might not be right. OP if your contract of employment says that it's a contractual requirement on you to attend medicals to ensure fitness for work, your employer can rely on this and not look for your consent.

Glass fused light

Vetch wrote: »

The references to consent here might not be right. OP if your contract of employment says that it's a contractual requirement on you to attend medicals to ensure fitness for work, your employer can rely on this and not look for your consent.

The problem with this type of contract clause, is that the doctor won't a thing to the OP nor retain records nor report to the employer without the consent of the OP.

joujoujou

It looks like I was not the only one with concerns regarding data protection and the stuff - the very first thing (before I even asked) nurse said after "good evening" was that the only information that'd be passed to employer is the one if employee is fit for work (or not). And if there's anything triggering alarm bells (or at least suspicious) in terms of general employee's health - employee would be contacted directly by medical company.

Thanks again to everybody!

Fred Swanson

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