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#1 Posted : 10 June 2009 07:06:00(UTC)
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Posted By Liam T Hi all. Been watching the forums for a while, but this is my first post. Basically my query is...following an accident of one of my employees at work, I had to fill out a client (main contractors) injury report form (standard practice for the past 20 years). Part of the form asks for names and addresses of any witnesses. Because our training co-ordinator is currently off, I went to our HR dept. to get the addresses of the witnesses off the system. Basically I had some trouble getting the addresses, due to "data protection"...i.e. giving the addresses out. Bearing in mind this was to the main contractor, can anyone shed any light, or quote the section of the data protection act that allows this? Many thanks for looking and help.
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#2 Posted : 10 June 2009 07:49:00(UTC)
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Posted By SteveD-M Liam Section 7 of the DPA 98 allows certain information or parts of it not to be disclosed. There are some exemptions however they wouldn't apply in this case.
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#3 Posted : 10 June 2009 08:14:00(UTC)
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Posted By Liam T Would this be the right section, pulled from the Data Protection Act: 31 Regulatory activity (1) Personal data processed for the purposes of discharging functions to which this subsection applies are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of those functions. (2) Subsection (1) applies to any relevant function which is designed— (e) for securing the health, safety and welfare of persons at work, or (f) for protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work. Help appreciated. Liam.
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#4 Posted : 10 June 2009 08:52:00(UTC)
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Posted By SteveD-M Required by law... S35 Disclosures required by law or made in connection with legal proceedings etc (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court
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#5 Posted : 10 June 2009 08:59:00(UTC)
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Posted By Coshh Assessor The organisation should have a data protection policy that sets out what data can be disclosed for what purposes. I wouldn't automatically assume that you are entitled to it.
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#6 Posted : 10 June 2009 09:02:00(UTC)
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Posted By Coshh Assessor I meant, I wouldn't automatically assume your client is entitled to it!
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#7 Posted : 10 June 2009 09:09:00(UTC)
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Posted By Coshh Assessor How about this as a practical solution? As they are your employees, for their address put c/o your company's address. It's hard to see how the client would have a legitimate use for their home addresses.
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#8 Posted : 10 June 2009 09:20:00(UTC)
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Posted By Lwood COSHH Assessor has it spot on, you do not need to give out home address details. The normal comment when I say this is that their (the client) H&S reporting system has it on the form or that its required for the RIDDOR form. In both cases home address it is not required, if its your employee who had the accident you should do the RIDDOR (the only place you put home details)and let them know you have done so without providing a copy or the address details.
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#9 Posted : 11 June 2009 06:55:00(UTC)
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Posted By Liam T Thanks for the advice. The solution about "c/o" my companies address seems sensible.
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#10 Posted : 11 June 2009 08:27:00(UTC)
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Posted By Robert K Lewis Strictly the Main/Principal contractor or any oither party has no right to Personal and Confidential information from another employer, unless their employee agrees to the sharing. The employer is however exempted when providing the information to a regulatory body. DP can be a minefield but if one sticks to the principle that you only provide information concerning an identifiable individual to regulators and others in your company then you will not be far wrong. Bob
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