What specific GDPR issues arise when supporting referrals in OH.?

As a rule, medical or surgical procedures may not be conducted without the informed consent of the patient.

In general, valid consent must be informed consent, where the patient has enough information to be able to understand what is proposed and the potential risks and benefits. The patient must have the capacity to make the decision and must be free to do so without threat or pressure from others. For further details on medical consult please logon to National Consent Policy – Quality Improvement Programmes – HSE.ie

Retention of Medical Records

Cognate Health must comply with the provisions of section 2(1) c of the data protections Act 2018. The Act sets out the principle that personal data shall not be kept for longer than is necessary for the purposes or purposes for which it is obtained.

  • For exposure to biological agents the recommendation it to retain individual confidential medical records for between 10 and 40 years, depending on the length of exposure and likelihood of a health and safety risk in subsequent terms.

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