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Is consent required to transfer medical records from one occupational health provider to another?
Practical Law Resource ID a-121-3920 (Approx. 8 pages)
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Is consent required to transfer medical records from one occupational health provider to another?
Anonymous (Other)
Q:
An employer currently has a retained occupational health provider who stores medical records on their employees for health and safety assessments and the provision of medical reports for the consideration of reasonable adjustments. The employer wants to change their occupational health provider and requires the medical records to be transferred from the current OH provider to the new OH provider. Does the current employer (and/or the current OH provider) have an obligation to obtain the consent of the employees under Data Protection legislation? If so, can consent be implied (that is, will the records be transferred on x date unless we hear otherwise)?
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