Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 62
If a practitioner is uncertain whether a body has lawful authority to require
disclosure without consent, they should request the legal basis for the demand
and seek advice from their medical defence organisation or similar source.
Under the NHS Act 2006, the NHS Counter Fraud Service may issue a notice
requiring the production of NHS records, including occupational health records,
for the purposes of detecting and prosecuting fraud 40. Authorisation to use
these powers can be sought through the National Information Governance
Committee of the Care Quality Commission and the Health Research
Authority 41.
3.110. Because legal requirements differ across UK jurisdictions, occupational health
professionals must ensure that they understand, and take advice on, the legal
system relevant to the case in question. Practitioners working outside the UK
should be aware that the applicable requirements may differ even more
significantly.
Disclosure without consent - In the public interest
3.111. The duty to maintain confidentiality is fundamental, but it is not absolute.
Certain statutes oblige health professionals to disclose specified information to
the appropriate authorities. These include, for example, the Public Health
(Control of Disease) Act 1984, as amended, where a doctor diagnoses a
notifiable communicable disease, and the Terrorism Act 2000, where a
professional has reasonable grounds to suspect involvement in terrorist
activity.
3.112. Guidance from the GMC, NMC, HCPC and other regulators makes clear that
confidential information may be disclosed without consent where there is a
serious risk of harm or death and disclosure is justified in the public interest 42.
Such circumstances should be exceptional. “Public interest” in this context refers
to preventing harm to others; it is distinct from information that may merely be
of interest to the public.
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