Company confidentiality
Question
Can your G.P divulge a patients history to a company doctor without the patients consent?
Answer
The information you are asking about is covered by the Data Protection Act 1998, the Access to Medical Reports Act 1988 and the Freedom of Information Scotland Act 2000 . Scottish law is slightly different from English Law but the same general principles hold true under both jurisdictions. Under the Access to Medical Reports Act 1988, you have a right, subject to certain safeguards - which means that the doctors would not release information that may have a damaging effect on your health, to see any medical report written for an employer. The same rule applies for a prospective employer or insurer, or a medical practitioner who has responsibility for your ongoing care.
This could include, for example, your local doctor (GP), consultant and any medical practitioner who has treated you in the past. While you have the right to see information written about you, your medical history should be kept confidential, and shouldn't be released to people who are not involved in the client's medical care without the client's consent.
Where a third party requests access to medical information concerning the client, the data controller (in the case of a GP's surgery this is usually the head of the practice) shouldn't release that information unless you've given your consent. The only exceptions are usually around national security and other criminal issues or where the law says they have to be disclosed.
It's possible that when you joined the company and signed your contract this included giving your company the right to access your medical records. If this is the case then the company doctor can access your records. It may also be possible fro the company doctor to argue that as he is a medical practitioner who cares for you on a continuous basis he should have access to your records.
Below is a list of possible actions you could take to resolve the issue:
- check your contract and see if there is anything in it about medical records;
- contact your Human Resources department and talk to them about the situation;
- talk to your union rep;
- if you're not happy about the outcome of any discussion use the company's grievance procedure to raise the issue formally;
- speak to your GP about the release of this information;
- complain to your GP;
- contact the Scottish Information Commissioner about your complaint.
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Question answered by CAB
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