AN OPEN ACCESS ARTICLE
Part 1: the draft new data protection guidance
OH law expert Professor Diana Kloss examines the ICO’s draft new data protection guidance on workers’ health information..
The Information Commissioner has published for consultation draft guidance about data protection law and the duties of employers with respect to health data1. This is very relevant to occupational health (OH). The EU General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) came into force in 2018. The EU GDPR was retained in UK Law in 2021 after Brexit as the UK GDPR and sits alongside the DPA. There have been several issues since 2018, where the law has been unclear and which have given rise to disagreements, occasionally acrimonious.
This authoritative draft guidance from the Information Commissioner’s Office (ICO) will resolve some, but not all, of the disputes. In this article, I will seek to identify the issues that directly affect OH and highlight what remains to be resolved…
Diana Kloss is a barrister, former part-time employment judge, Acas arbitrator and author.
Author: Kloss D