Extra data protection safeguards apply when an employer processes information about a worker’s physical or mental health because of the sensitive nature of this information. The Information Commissioner’s Office (ICO) has recently published new guidance for employers on processing information about a worker’s health. The guidance includes practical advice for employers on:
- handling sickness and injury records
- occupational health schemes
- medical examinations and testing (including testing for drugs and alcohol)
- genetic testing
- health monitoring
- sharing workers’ health information
Although the guidance does not have the same force as a statutory code of practice, the ICO will consider its guidance if it receives a complaint about a failure to comply with data protection law.
For further information, please contact:
Emma Ahmed, Hill Dickinson
emma.ahmed@hilldickinson.com