Employer Unauthorized Access to Medical Records

[spooon]

Hi all, and thanks for reading this. I have a query that is taxing me somewhat. I'm not a legal expert.

My employer, via it's occupational health doctor, has gained unauthorized access to my private GP records. How did that happen you might ask. My private GP operates within a private clinic that also happens to offer occupational health services to employers in the area. It would be a simple matter, therefore, for the company occupational doctor to abuse his dual role (although he was never personally my GP - his colleague at the clinic was) and download my information. I caught the occupational health doctor red-handed and wrote in a few months later for an explanation. He replied conceding that there was no record of any consent given and has invited me to discuss the matter in person.

Now, I understand that the Access to Medical Records Act has not been followed here but to my simple mind this seems more than a simple case of lack of consent or failure to follow AMRC. To my simple mind, my employer has essentially stolen my medical history. Would anybody care to comment? Separately, I am fighting a disciplinary dispute with my employer and would like to throw anything I can at them, and in particular any breaches of law that might lead to substantial compensation. This is not so I can make money out of them as such, but in order to strengthen my position in the disciplinary dispute which I'm hoping will end in a settlement.

Thanks in advance!

 

[Lime One]

It is not as clear as you might consider. It is not clear from your post if the information read has been or will be used for your employer for anyone to provide advice on whether this adds to your case against them. This needs to be clarified to get advice on liability of your employer.

It may have been the occupational health doctor was on a frolic of his own and you may have a case against him personally. You say you caught him red handed, how did this occur and what action have you taken now against the clinic concerned to register your complaint?

A bit more information is needed here to advise particularly as to how the information has been used ie does your employer know about your record through this person and how have they used that information?

 

[spooon]

It is not as clear as you might consider. It is not clear from your post if the information read has been or will be used for your employer for anyone to provide advice on whether this adds to your case against them. This needs to be clarified to get advice on liability of your employer.

It may have been the occupational health doctor was on a frolic of his own and you may have a case against him personally. You say you caught him red handed, how did this occur and what action have you taken now against the clinic concerned to register your complaint?

A bit more information is needed here to advise particularly as to how the information has been used ie does your employer know about your record through this person and how have they used that information?

Hello LimeOne and thanks for your reply. Let me clarify.

The Occupational Health doctor is required to submit a report to HR after any meeting I have with the doctor. As per normal procedure, I have a chance to comment/request changes to the report before it is forwarded. In the previous such report, the OH doctor states clearly 'I did subsequently see copies of the employee's notes from the neurologist to his GP'. So the admission of guilt is clear I would assume given there is no supporting evidence of consent on my part. Now, although I ok'd the report at the time, it was wasn't till a few months later whilst going through the reports did I realise that something was not right. I am guessing the OH doctor or his PA made a mistake and unwittingly delved into those parts of the database they were not supposed to. Further, I believe the OH doctor was a little confused himself and rather wrecklessly confessed to what he'd done.

At my last OH meeting I noticed the doctor had in his hands medical notes that I belonged in my GP file. I was quite stressed at the time so didn't complain straight away. As I said above he then admitted quite freely to having seen these. I wrote to them this week asking how OH got hold of my notes. The original OH doctor has left. The reply was that it appears they had been somehow printed from my electronic GP records. I do agree with you that this is likely to be a case of the OH doctor on a frolic of his own but is he not an agent of my employer? My employer asked me to see OH. OH then file a report back to my employer on the basis of medical history that has been gotten unauthorized and without my consent.

There is nothing in the OH report to my employer that I hadn't volunteered myself in the OH meeting i.e. I had simply given a truthful account of my health to OH. As for what my employer has 'done' with that information, that's a hard one to answer. Could you elaborate?

Finally, please also note that when I recently asked OH and also HR, for a copy of my OH file, there was no records of these GP notes, which is concerning in itself.

Thanks for your time.

 

[E Storey]

I would report the breach to your GP.

 

[davek17]

I'm not a solicitor but just browsed this thread and can't help but say its just another scenario where governments outsource and then can't manage the data issues. I am fed up with governments and large companies treating peoples data like dirt!!

I think its a disgrace anyone sees your medical records unless they are directly involved with dealing with your health. I think this definitely breaks the Data Protection Act 1998, whether it breaks anything medical or not and there must be some kind of issue with conflict of interest with this guy who saw your records surely?

Either way it's not on.

 

[Lime One]

That explanation makes it much clearer, you could lodge a grievance with your employer over this breach and also make a complaint to the health clinic about the conduct of the OH doctor. For an individual doctor it potentially is a GMC complaint regarding his/her professional conduct. I also suggest you take legal advice on the nature of this disciplinary as it appears to have a considerable side drama attached to it.