Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 58
3.94. Disclosure about an identifiable individual should only occur with that person’s
consent, and occupational health professionals must ensure that no undue
pressure is placed on workers to consent. Clear agreements between
employers, workers and, where appropriate, safety representatives should
govern how such information is shared.
3.95. Where an occupational health professional becomes aware of an unsafe
situation in the workplace, they may have an ethical duty to report this to the
employer. If the employer fails to act and the risk persists, escalation to
the appropriate enforcement authority may be required. However, the identity
of individual workers should generally not be disclosed without consent, except
in circumstances described elsewhere in this guidance (see Section Disclosure
without consent)
Disclosure of anonymised data
3.96. Information obtained during occupational health practice may have
implications for the health and safety of workers. Legislation allows recognised
safety representatives to access anonymised workforce health information
where relevant to workplace health and safety matters. Sharing anonymised
data in this way can help organisations fulfil their duties and protect the
workforce
3.97. Requests for information under the Freedom of Information Act 36 (FOIA), which
applies only to public sector bodies, are increasingly common. It is permissible
to disclose anonymised data—for example, aggregated figures on sickness
absence over a defined period—provided that the numbers are not so small as
to risk identifying individuals.
3.98. Section 38 of the FOIA provides an exemption where disclosure would
endanger the physical or mental health or safety of any individual. Information
that relates to an identifiable person falls outside the scope of FOIA and is
treated as personal data under data protection legislation. Such information
may only be accessed by the data subject or by a person lawfully authorised to
act on their behalf.
Page | 57
