Ethics Guidance for Occupational Health Practice 9th Edition - Book - Page 9
Glossary
Clinical record – The occupational health clinical record is the electronic or paperbased documentation maintained by the occupational health provider. It captures the
interactions between the occupational health professional and the worker, including
confidential screening questionnaires, test results, vaccination records and clinical
notes. Access to this record should be strictly limited to occupational health
professionals and other staff within the occupational health service who have a
legitimate reason - such as appointment scheduling - to view it.
Common Law – Common law is a type of law that is made by judges through decisions
in court cases, rather than written by Parliament. These decisions set examples, called
precedents, which help guide future cases. In professional ethics, common law can
shape duties like the duty of care, meaning professionals must act responsibly in line
with their professional bodies.
Consent – Consent is a process whereby an individual, having been provided with full
information and understanding the consequences, agrees to a proposed
action. Consent may be implied or explicit. It is a continuous process, it is for the
purpose for which it is given, and it can be withdrawn.
Occupational health professionals should note that consent is differently defined by
the common law and the UK GDPR 1 , and consent under the UK GDPR, unlike at
common law, must be explicit and affirmative. As a general rule, occupational health
professionals are advised not to use consent as a lawful basis for processing under the
UK GDPR, but they continue to require common law consent to disclose confidential
information because of the duty to act lawfully, which requires compliance with other
laws which apply to the processing of personal data, including the common law of
confidentiality.
Implied consent may apply to situations where a worker’s behaviour can clearly imply
that consent is given, e.g. holding out their arm for venesection, or where information
is shared among a team where a patient is deemed to understand and accept that all
members of the team may need access to their confidential information, as within an
occupational health department. This includes internal audit. However, implied
consent should not be relied upon except in circumstances where it is obvious, routine
and generally accepted.
Page | 8
