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Posted By John Allen
An employee of one our vendors recently had a RIDDOR Reportable accident while working on equipment due to be supplied to us. When we asked for a report, despite this being a contractual requirement, they refused citing the Data Protection Act. Has there been a change in the law that I have missed?
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Rank: Guest
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Posted By Robert K Lewis
There is a conflict - The Act only permits disclosure of Personal and Personal Sensitive information with the consent of the person involved. There is generally an agreement with the person's own employer but this can not be developed to allow provision to others without further permission.
The type of information involves such as
Name and Address
Race
Religion
Medical Information
The contractual requirement is therefore invalid - You could ask for a copy with such details deleted.
This has wider implications also as many construction clients ask for records during tender or pre-qualification questionnaires which contain such information and these have to be refused gently on the same basis.
Bob
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Rank: Guest
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Posted By Gavin Gibson
When I complete a report I desensitise it so it would refer to a forklift driver as Mr AA or a loader as Mr BB. In the appendix I then name who Mr AA is but the version with the appendix is only provided to people who need to know. Why not ask them to do something similar. All you want to know is what happened, what new control measures have been implimented and that appropriate action was taken, you do not need to know the names of the individuals involved.
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Rank: Guest
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Posted By John Allen
Thanks for the help. My view was that we were happy to receive the anonymised information but the company concerned wouldn't send us anything to start with. I just wanted to check there hadn't been any change in the law that we had missed. Most vendors and contractors we deal with appear to have no restrictions on sharing information.
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