Posted By Accidentia Jason I would suggest that the answer is yes you do need the individuals permission. Although the data is the company's property, it is sensitive personal data for the purposes of the Data Protection Act 1998. The data subject (employee) has to give their specific explicit consent to processing that data (and processing would in my view include passing it on to the insurers). In any event, the data subject may well have entered into an agreement with the company when the data was collected that it would only be used for specific purposes and I doubt that disclosure to an insurer would be included but check in case. As someone who has investigated claims on behalf of insurers, claimant's solicitors usually give consent, especially if the information is wound up in a bundle that they believe will help support their case. If they refuse consent, discuss with your insurers the possibility of requiring disclosure as part of any legal proceedings that may be instigated. Failing that, at the end of the day the court has the power to order disclosure but unless the claim is likely to be a costly one it may be a bit late in the day when costs etc. have already been incurred.

Posted By David Gault The answer is yes. In claims cases you will usually find the lawyers ask for relevant information and wil ask the claimant to sign a waiver or agree to disclosure.