Medical reports—data protection issues and AMRA 1988
Medical reports—data protection issues and AMRA 1988

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Medical reports—data protection issues and AMRA 1988
  • Purposes of medical report
  • Data protection
  • Lawful conditions for processing personal data (Article 6)
  • Specific conditions for processing special category data (Article 9)
  • ICO guidance
  • Access to medical reports—AMRA 1988
  • Responsibility for individual’s clinical care
  • Effect of AMRA 1988
  • Access to medical reports—doctor’s duty of confidentiality
  • More...

Medical reports—data protection issues and AMRA 1988

This Practice Note sets outs the issues an employer will need to consider when seeking medical reports on employees and prospective employees.

Before obtaining a medical report, an employer will need to consider the legislative requirements:

  1. for processing personal data and special category data (special categories of personal data, formerly ‘sensitive personal data’) under Retained Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018)

  2. for consent from the employee or prospective employee under the Access to Medical Reports Act 1988 (AMRA 1988), and

  3. if the medical report is being prepared before an offer of employment has been made, under the Equality Act 2010 (EqA 2010)

The employer’s application for a medical report is likely to vary depending on:

  1. the purposes for which the report is being sought—see Data protection below

  2. whether the medical practitioner who will prepare the report is, or has been, responsible for the individual’s clinical care—see Access to medical reports—AMRA 1988 below

  3. the medical practitioner’s duties in relation to ethics and confidentiality—see Access to medical reports—doctor’s duty of confidentiality below

  4. if the employer is seeking the report during the recruitment process, whether an offer of employment has yet been made—see Obtaining a medical report before an offer of employment is made—EqA 2010 below

For a checklist:

  1. of issues to

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