About this notice
Our core data protection obligations and commitments are set out in the Council's primary privacy notice. Details can be found on our privacy notice.
This notice provides additional privacy information for:
- Prospective, current and former employees (including agency, casual and contracted staff);
- employees of other organisations which use our Occupational Health service via a contractual arrangement with Bury Council.
It describes how we collect, use and share personal information about you as a result of you accessing the Occupational Health service, and the types of personal information we need to process, including information the law describes as 'special' because of its sensitivity in accordance with legislation.
It is important that you read this notice, together with any other privacy information we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
Staff who process data are trained to handle the information correctly and protect your confidentiality and privacy.
Occupational health service privacy notice
Information for users of our occupational health service about the personal information we may hold about you, the reasons why, and your rights.
Our OH service is provided by a third party, Optima Health Limited, and therefore this privacy notice explains both Bury Council and Optima Health’s involvement with your data as a user of the Occupational Health service provided via this contract.
Who controls your data
Bury will act as an independent Data Controller for the following data sets; referrals to service and reports subsequently produced. Bury will define the purpose for processing in referral and this will apply to Bury employees and customers of our OH service via separate contractual arrangements with third-party employers.
Optima Health will act as a Data Processor for referrals however will act as a Data Controller for any services undertaken outside of referral (for example, any ‘wellbeing’ products) and/ or data processed based on independent decision making (for example, requests for ‘FME’ - further medical evidence).
Information we collect
We may ask for:
- basic details such as your name, your home address, your date of birth and, if you have them, an email address and telephone number
- more intimate information such as your medical history and current health status.
Why we need your data and how long we keep it
We need your personal information so that we can provide an occupational health service that helps you effectively. It's in every employer's interest to have a healthy workforce. In data protection terms, we say that legitimate interest is our lawful basis of processing, under the General Data Protection Regulation (GDPR) Article 6(1)(f).
Your medical history and other health data are regarded as 'special category' data, which Optima Health’s clinical professionals process for the purposes of preventive and occupational medicine.
We also have duties under legislation such as the Employment Rights Act. So if you work for us, we're processing your data under an employment obligation.
We do not use your information for any marketing purposes.
We keep our current case files up to date, so please tell us about any changes. Optima Health Ltd close files as per our agreed retention schedule.
Sharing your information
Your information is closely guarded within Bury Council and Optima Health Ltd. Much of what you tell us is covered by common law confidentiality, which means you have a reasonable expectation that you are giving personal information in confidence. Our third party occupational health professionals take their legal and ethical duties very seriously, so if we have a need to share confidential information, we ask your permission first. We would not act against your wishes without compelling reasons - for instance, if you told us you were planning to harm someone.
Like any occupational health service, Optima Health Ltd pass completed reports and recommendations back to your employer for their action. For instance, they might tell your line manager about an issue that could be resolved by adjusting your work environment. Optima Health Ltd communications to management only include the information they need in order to act.
Optima Health Ltd do not ordinarily share your information with any other services or organisations, unless the law requires.
Keeping your information safe
We keep your information in paper files and a database. We're committed to protecting personal data and have data policies and procedures in place to ensure that it's safeguarded.
Your rights
Your data protection rights include the right to access your information and have it corrected if necessary. Should you wish to raise any concerns about how we have processed your personal data you can contact the Data Protection Officer:
- email: ig@bury.gov.uk
- write to: Bury Council Data Protection Officer, Bury Council, Town Hall, Knowsley Street, Bury, BL9 0SW
Who you can contact
Find out more about how we handle personal information.
If you are not satisfied with the way we have answered a request from you or handled your personal information, you have the right to make a complaint to the Information Commissioner