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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6282
Experience:  English solicitor with over 12 years experience
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I have a question about my confidentiality as both a patient

Customer Question

Hi, I have a question about my confidentiality as both a patient and a employee. I am an employer of an ambulance service and had an accident at home, an ambulance was called and a electronic patient record completed with details of the incident and my medical history etc. My employer had then accessed this without my permission. My IG team at work day this is possibly a breach of confidentiality but want to know whether it is something they can do just because they have the facility to do so
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have complained to HR but they seem to think the manager had a right to look at the record because he was checking the paperwork of the attending clinician
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee and I am with unison
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Don't think so
Submitted: 11 days ago.
Category: Law
Expert:  UKSolicitorJA replied 11 days ago.

Hello,

 

You being a patient and you being an employee are two different things.

 

Your employer would be a data controller and may access your medical records as a patient, but they should not use them in any way when dealing with you as an employee as you have not authorised them to do so.

 

You should speak to your employer and raise your concerns so that they are aware of your position, as if they do not comply, they would be in breach of your right to confidentiality as a patient which is against data protection law.

 

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