Legal and ethical aspects of data protection and confidentiality

Data protection

Personal information provided to the Occupational Health Service will be handled in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

Consent

All information gathered during the referral process will be attached to the individual’s clinical notes and will therefore be protected by the codes of confidentiality.

Occupational Health will not issue the occupational health report, and any other sensitive information, without informed consent from the individual. Occupational Health will inform you of the individual’s attendance at appointments.

In exceptional circumstances occupational health may be obliged to breach confidentiality. This will only happen if the clinician has immediate concerns regarding the safety of the individual, their colleagues, the general public, or if instructed by a court of law. In this case occupational health will inform the relevant authorities.

The individual can withdraw their consent to attend the Occupational Health appointment or release the Occupational Health report at any point in the process. The individual is provided with clear guidance regarding the possible consequences of withdrawal of consent. It states that if consent is withdrawn the organisation will continue to manage the capability and attendance issue/s but without the benefit of Occupational Health advice.

A withdrawal of consent must not be allowed to stop or pause the management of attendance or capability issues.

Codes of Practice

The occupational health service is bound by professional codes of practice and confidentiality. There are specific codes of practice for nurses (NMC) and Doctors (GMC) which set the professional standards that must be upheld to practice in the UK. A breach in these codes of conduct can lead to the loss of the practitioner’s licence to practice so occupational health take the codes very seriously.

Privacy notice

Occupational Health privacy notice

Hampshire County Council privacy notice