You must treat information about patients as confidential. However, The GMC document Confidentiality provides guidance on disclosures required by law and discusses circumstances in which disclosures may be in the public interest but individual consent is not forthcoming. If in exceptional circumstances you feel there are good reasons why you should pass on information without a patient’s consent or against a patient’s wishes, you should follow this GMC supplementary guidance as well as that from the Faculty of Occupational Medicine and be prepared to justify your decision. You should make every effort to explain your position to the patient. (You may also wish to consult your medical indemnifier.)
Health data that are required for example as part of a health surveillance programme or to make decisions of health and safety policy should be suitably anonymised, to ensure that the details of named individuals cannot be identified.
You must ensure the confidentiality of the medical records you hold on patients. You must also ensure that team members understand and respect the requirement to preserve confidentiality of information held on patients. You must:
For further guidance, see Ethics Guidance for Occupational Health Practice.
You must ensure that managers understand the constraints on disclosure of personal health information imposed by the patient’s entitlement to confidentiality. One abiding principle is that employers are entitled to advice about an individual’s fitness for work, but are not entitled to diagnoses or specific clinical details without the prior informed consent of the employee and a genuine need to know.