Employers can share staff data in a mental health emergency | Consensus HR | Herts, Beds
The Information Commissioner’s Office (ICO) has published guidance intended to give employers more certainty about sharing their workers’ personal details in the event of a mental health emergency.
The new guidance, which can be found on the ICO website, confirms that data protection law allows organisations to share personal information in an urgent or emergency situation, including to help them prevent loss of life or serious physical, emotional or mental harm.
It provides advice on when and how it is appropriate to share workers’ information when the employer believes that someone is at risk of causing serious harm to themselves, or others, because of their mental health.
ICO Head of Regulatory Strategy, Chris Hogan, said that the ICO wanted to reassure employers that, during a mental health emergency, they should share necessary and proportionate information without delay with relevant and appropriate emergency services or health professionals.
“It is a good idea to plan ahead,” he went on, “as this will help you to make well informed decisions if you need to. Our guidance will help you do that and includes useful case studies to illustrate how the law can work in practice.”
The new publication is part of a range of guidance produced by the ICO to help employers look after personal information in line with data protection law. Other documents can be found here.
Our HR Comments / Advice: Employers can share staff data in a mental health emergency | Consensus HR | Herts, Beds
Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “The health and welfare of your team, is of the utmost importance and hence why at Consensus HR, we always go to the medical professionals. Whether this be an Occupational Health Assessment or writing to an employee’s doctor once General Data Protection Regulations (GDPR) consent has been received.
The importance of ensuring your business and team is following the GDPR is vital and this article from our Chartered Instituted of Personnel & Development and the Information Commissioners Office (ICO) clarifies when in certain circumstances such as mental health of a member of the team that you can access a worker’s personal details. This is applicable when the employer believes that someone is at risk of causing serious harm to themselves, or others, because of their mental health. The ICO provides some very useful information on the subject. Special care should be taken by employers, in such circumstances and when accessing the documents.”
Here are a few of our previous blogs written on the subject:
- Workplace mental health service firm faces investigation | Consensus HR | Herts, Beds
- Poor mental health keeping more young people out of work | Consensus HR – Herts, Beds
- Mental Health: The HR Perspective
- Poor mental health is the main cause of long-term absence
- Mental Health in the workplace
- Mental Health Awareness Week
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