The disclosure of an employee's medical records by employer for the purpose of convening a medical board pursuant to applicable Regulations. Appeal dismissed as Appellant did in fact give consent to the disclosure of her medical records.
Medical Board convened under Civil Service Regulations to ascertain complainant's fitness for work - medical records produced by employer to the Medical Board for purpose of hearing - complainant alleged breach of DPP3 in so using her medical records - subsequently found out that she had consented to the production - case failed - DPP3
The Complaint
The complainant was a civil servant. She had the responsibility of outdoor work. As a result of continuing illness, her employing department proposed to convene a Medical Board so as to ascertain her fitness for continuing outdoor work. This was done pursuant to Civil Service Regulations. In the course of arranging the Medical Board, the department disclosed to the relevant authority certain personal data of the complainant, including her employment records and sickness records. The complainant complained to the PCPD against the department for using her personal data without her consent.
Findings of the Privacy Commissioner
Upon investigation, it was revealed that the department had written to the complainant seeking her consent to the proposed conduct of the Medical Board. However, the complainant ignored the request. The Privacy Commissioner was satisfied that the use of the complainant's personal data for the conduct of the Medical Board was for a purpose directly related to the complainant's employment. There was no contravention of any requirement of the PD(P)O on the part of the department.
The Appeal
Not satisfied with the Privacy Commissioner's decision, the complainant appealed to the AAB on the ground that she had absolute right not to allow the Medical Board to use her medical records to deal with her employment matters. During the hearing of the appeal, the complainant made a surprising statement and provided a copy of a letter in which she agreed that the authority concerned could use her medical records and convene a Medical Board. The AAB rejected the complainant's ground for appeal and upheld the decision of the Privacy Commissioner.
AAB's decision
The AAB dismissed the appeal and upheld the decision of the Privacy Commissioner.