Where is consent not needed?

Summary To set the context, OH practitioners are subject to a common law duty of confidence. Breach of this can give rise to a civil action ...

OH practitioner liability under EqA

Summary This page looks at how far OH practitioners may be personally liable under the Equality Act 2010 (EqA), where there is a breach of t...

Pressure to breach OH legal/ethical obligations

The issue In practical terms, the problems often facing OH practitioners tend to arise from requirements imposed by the employer that confli...

Pre-employment questionnaires: confidentiality and consent

Summary OH professionals will be aware of the need to preserve confidentiality. In the light of data protection law guidance, health questio...

Subject access requests under the GDPR

The GDPR and Data Protection Bill are due to take effect on 25th May 2018. Diana Kloss considers workers’ rights to ask to see their health ...

The Data Protection Bill 2017 (Part 1)

The Data Protection Bill was introduced into Parliament on 13th September. Diana Kloss looks at the new Bill and EU data protection regulati...

Legal duty to breach confidence in public interest?

The Court of Appeal held it ‘arguable’ there was a legal obligation to disclose genetic test results to the patient’s daughter, agains...

If consent is not given, or is withdrawn

This page deals with the position where a worker or job applicant refuses consent for an OH report to go to management. Position of the OH p...

Consent and confidentiality

Essentials New data protection rules took effect on 25th May 2018, under the European GDPR and the UK Data Protection Act 2018. The individu...

Confidentiality – new GMC guidance (part 2)

The second part of Diana Kloss’s blog on the revised General Medical Council (GMC) guidance on confidentiality and how it will affect OH pra...