Following representations made by Fórsa, the Department of Education is to publish Circular 0012/2024 titled “The General Data Protection Regulations (GDPR) – Responsibilities of Data Controllers in respect of the Occupational Health Service (OHS)” on 1^st February next.

This circular makes clear the duties and obligations of Schools and Medmark under the GDPR Regulations to allow full access by staff to their own personal data. This arises due to difficulties members experienced when requesting a copy of their own Occupational Health Report. The Circular details the obligation to store and secure data correctly and to allow access to the reports at the request of the employee.

This development ensures that when an issue arises as a consequence of an Occupational Health referral, the employee will be able to see the Occupational Health Report. Up to now a number of members had been denied access to the reports on the basis that the report was claimed to be confidential to the school. Fórsa Head of Education Andy Pike said that “The publication of this Circular will end the farcical situation whereby the patient is denied access to the doctor’s report on their own health issues. These reports may be requested by the Board of Management but the contents should always be disclosed to the employee. We are pleased this anomaly has now been addressed.”

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