medical records

[Glpblondie]

if an employee was to go on maternity leave and her employer wished to access her medical records would the data protection act protect them from doing so?

[dizziblonde]

that soundz ilegal probably

[blondebird]

I think it sounds Illegal too, and not just because of the data protection act, I think it is a Health Authority rule.

[blondie2006]

i dont think that they can do that

[blondebird]

I wouldn't like to think my employer could access my records.

[ChuffingHell]

to get access to her medical records (ie, the ones stored at the GP), the employee would have to consent to this before they could be obtained.

[ChuffingHell]

If the company has sent the employee for any medicals, the company will probably get some info, but not all.

For example, if an employee was sent for a drugs test by their employer, the employer would be notified as to whether the outcome was positivie or negative but they wouldn't be told exactly what drug had been found and how much of it. The employee would be told seperately exactly what had been found to allow them to contest if they wished to.

[Catso]

Chuffinghell is correct, you must give permission for yuor records to be made available.

But, remember that as part of the recruitment process, some companies ask for permission to contact your doctor. Once given, this permission may stand - I don't know. Chuffinghell...?

[poorclare]

Permission must be given and theGP normally charge
for this.

[Madgirl2]

I agree with ChuffingHell. An employer MUST seek written consent from the employee before this info could be obtained. I know, because I've been in a similar situation and had to sign a consent form. It would also be very foolish of them to seek consent from someone on maternity leave. There are so many laws protecting pregnant women that they would be playing a risky game indeed!!

[Madgirl2]

Oh and separate consent must be obtained for each individual request to access your records. One consent form does not allow indefinite access.

[rogerr]

I don't think they can ever access your records as such. All they can do (with your permission) is to contact your doctor for a report on a particular condition.

[WendyS]

An employer cannot have access to an employee's medical records with her GP without her written consent.

The employer must provide the employee with a written form for her to sign agreeing that her GP may release her medical records.

A GP is not allowed to release any information to an eployer until a written consent form has been received. If the employee specifically does not want any medical records released she should write to her GP and say so.

However, if there is no valid reason for these records not to be released the employer may be entitled to wonder whether the employee is deliberately hiding something.