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GDPR and Medical Diagnosis?

  • 03-04-2019 4:42pm
    #1
    banie01
    Registered Users, Registered Users 2 Posts: 17,306 ✭✭✭✭


    If a person is out from work long term (1yr +) and attends a review for income protection insurance.
    Has engaged with an external doctor appointed by their employer and been reviewed. At each review it was confirmed that no medical detail or diagnosis would be shared with employer. Just detail on any projected date for a return to work and any accommodation that may be needed.

    As part of employee benefit package the person has income protection insurance. And undertakes a specialist review to ascertain entitlement to same.
    At this review it is confirmed that no medical detail or diagnosis will be shared with Employer. A report will be generated for the underwriting company and that will be confidential.

    Sometime passes and the person attends a follow appointment with the company appointed doctor.
    At this appointment, the doctor discloses a partial diagnosis was based to them via HR and HR confirmed it was obtained via the Insurance review.

    Is this a breech of GDPR? And patient confidentiality?
    At no point did the patient consent to their diagnosis being shared with their Employer, either via OH or the Insurance company.
    Not did the person share any diagnosis with the employer or consent to the sharing of same?

    Any input would be very much appreciated


Comments

  • #2
    OMM 0000
    Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    This is probably the wrong forum. You should probably talk to a solicitor.

    You're at risk of receiving incorrect-but-confidently-worded responses here...


  • #3
    banie01
    Registered Users, Registered Users 2 Posts: 17,306 ✭✭✭✭banie01


    OMM 0000 wrote: »
    This is probably the wrong forum. You should probably talk to a solicitor.

    You're at risk of receiving incorrect-but-confidently-worded responses here...

    That would be my own opinion too really but the person in question is a bit cheap ;)


  • #4
    Vetch
    Closed Accounts Posts: 422 ✭✭Vetch


    I'd suggest that the person should ask each party for copies of the communications they sent to the other parties. And also ask for information about what legal basis under GDPR was used to share the data. The Privacy Notice of each party, T&Cs, contracts between parties and the like are all relevant. Can't see how anyone, including a solicitor, can adjudicate until this information is in place, and a solicitor isn't needed to get the information.


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