Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 61
Disclosure of confidential information without consent
Disclosure by law
3.108. Court orders may require the disclosure of information, including occupational
health clinical records. It is essential to confirm that any order explicitly specifies
occupational health clinical records, as an order for personnel records alone
does not cover clinical information. Coroners’ courts also have statutory powers
to order disclosure. In the normal course of events, such documents should be
provided. Exceptionally, a court order may be appealed if, for example, the legal
basis for the request appears unsound. Occupational health professionals must
be aware that failure to comply with a valid order constitutes contempt of
court.
3.109. A range of public bodies possess statutory powers concerning the disclosure of
information. Occupational health professionals should continue to uphold their
ethical duties and obtain consent wherever possible. Where an
authority indicates it will proceed without consent, practitioners should seek
advice from their medical defence organisation, a Caldicott Guardian or other
relevant data guardian. The guidance that follows is illustrative and does not
replace the need for appropriate professional advice:
The police may apply to a circuit judge for an order requiring disclosure of
medical records. A search warrant issued by a magistrate does not constitute
sufficient authority 38. Requests from solicitors that are not supported by a court
order are also insufficient.
The Health and Safety Executive has powers under the Health and Safety at
Work etc. Act 1974 to require the disclosure of specified information needed to
perform its statutory functions.
Certain statutory requirements mandate disclosure of clinical information, such
as the obligation to notify public health authorities of designated infectious
diseases 39.
The GMC has powers under the Medical Act 1983 to require disclosure of
information relevant to its fitness to practise proceedings. Similar powers have
been conferred on other regulatory bodies, including the Health Service
Ombudsman, the Care Quality Commission, the Nursing and Midwifery Council,
the Health and Care Professions Council, the General Dental Council and the
General Pharmaceutical Council.
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