data protection?

bcal

hi there. is an employer allowed to call a hospital to check if someone is an inpatient please? if an employer does call a hospital and asks if a certain person is an inpatient, are the going against any data protection laws? this isn't about anyone in particular, just a general wondering. thank you

sangie595

They can call anyone they like. I'd be more worried if the hospital said anything, because that would be a serious breach of the law! That said, if anyone was theoretically considering lying, that would be a very daft idea.

bcal

its for a care worker who has a chest infection, not someone i know personally though. she was admitted yesterday and stayed overnight. she informed her employer that she couldnt work due to being in hospital, she was discharged today but her employer rang her this eve and said she had already rang the hospital to check if shes there or not. i understand the fact that if information is given it goes against the data protection act but is the employer commiting an offense in calling the hospital ot is that just a moral issue please? nobody lied about being ill though

nicechap

bcal wrote: »

its for a care worker who has a chest infection, not someone i know personally though. she was admitted yesterday and stayed overnight. she informed her employer that she couldnt work due to being in hospital, she was discharged today but her employer rang her this eve and said she had already rang the hospital to check if shes there or not. i understand the fact that if information is given it goes against the data protection act but is the employer commiting an offense in calling the hospital ot is that just a moral issue please? nobody lied about being ill though

What's the real issue here?

Would they prefer if the employer didn't care enough to enquire about their staff when they're unwell?

Perhaps the employer are worried the carer has been exposed to something nasty from the person being cared for? or might be too infectious to come back to work?

bcal

its simply a case of wondering if it's against data protection, i've said it as it is. no hidden agenda, no reading between the lines, just curious as th whether its a data protection issue by the employer or a moral one....i hope this clears up any confusion surrounding my question

sangie595

bcal wrote: »

its for a care worker who has a chest infection, not someone i know personally though. she was admitted yesterday and stayed overnight. she informed her employer that she couldnt work due to being in hospital, she was discharged today but her employer rang her this eve and said she had already rang the hospital to check if shes there or not. i understand the fact that if information is given it goes against the data protection act but is the employer commiting an offense in calling the hospital ot is that just a moral issue please? nobody lied about being ill though

Why on earth would the employer be committing an offence by asking after their employee? It isn't even a moral issue. I phoned the local hospital last year asking after my friend. They wouldn't tell me (so I side stepped that by other routes). How can I possibly have broken the law by picking up the phone her and asking a question? This isn't 1984.

If she's ill, what on earth is the issue here? You don't even know her!

bcal

its a friend of a friend. no need to get all het up my dear. am i not allowed to be curious. actually, the employer was trying to get said carer to go back to this weekend but already knew the reason for not being able to return to work. care and consideration aside for the employer towards the carer....the question still stands....does anyone answering actually know for certain if this is a data protection breech please?

Takeaway_Addict

bcal wrote: »

its simply a case of wondering if it's against data protection, i've said it as it is. no hidden agenda, no reading between the lines, just curious as th whether its a data protection issue by the employer or a moral one....i hope this clears up any confusion surrounding my question

Is it though? At first you said it was a general wondering and suddenly its about someone you know....

What to believe!

bcal

i quickly realised that the answers i was recieving meant i had to give as much information as possible. so do we know the answer yet please?

nicechap

bcal wrote: »

its a friend of a friend. no need to get all het up my dear. am i not allowed to be curious. actually, the employer was trying to get said carer to go back to this weekend but already knew the reason for not being able to return to work. care and consideration aside for the employer towards the carer....the question still stands....does anyone answering actually know for certain if this is a data protection breech please?

Have you tried asking the ICO?

LilElvis

sangie595 wrote: »

Why on earth would the employer be committing an offence by asking after their employee? It isn't even a moral issue. I phoned the local hospital last year asking after my friend. They wouldn't tell me (so I side stepped that by other routes). How can I possibly have broken the law by picking up the phone her and asking a question? This isn't 1984.

If she's ill, what on earth is the issue here? You don't even know her!

Quite. The hospital would almost certainly have given you chapter and verse about your friend's condition had you claimed to be a relative. They just take your word for it. My MIL has been to A&E 3 times in the last month and admitted once, 2 different hospitals, and every time I've spoken to nursing staff and doctors concerning her condition with no questioning as to whether I was who I claimed to be - I just had to know her name. Finding out whether someone is an inpatient simply involves calling the reception desk, giving the person's name and they will gladly tell you which ward they are on and offer to transfer your call.