1.The Information Commissioner has issued, for public consultation, draft new data protection guidance on workers' health information 2.The common law duty of confidentiality predates modem data protection legislation 3.The GMC recognises that OH physicians are subject to dual obligations - to the worker and employer - but in most cases the worker's confidence should take priority because, if not, OH will not be trusted and unable to perform effectively 4.There are only limited occasions where disclosure without consent is justified (eg a court order or public safety) 5.The EU General Data Protection Regulation (GDPR) remains in force in the UK, even after Brexit, and is translated as the Data Protection Act 2018 and the UK GDPR 6.The draft guidance reiterates that the sharing of medical information given by a worker to OH is restricted not just by data protection law, but also by a duty of confidence, and that professional guidance, such as from the GMC, may also be relevant 7.OH services need a 'lawful basis' to process workers' health information and most often uses GDPR Article 9(2)(h); ie, for preventive or occupational medicine, or to assess the employee's working capacity.
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