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GDPR subject access and OH notes — DOccMed MCQ

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HardOH LawGDPR subject access and OH notesDOccMed

A worker requests a copy of the OH clinician's notes after receiving a capability report. The notes include third-party comments from a colleague and the clinician's risk formulation. What is the relevant legal framework?

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Correct answer: B — UK GDPR subject access rights with review for third-party information and exemptions

Workers have data subject rights to access personal data, but records should be reviewed for third-party information and applicable exemptions. The Access to Medical Reports Act applies to reports from doctors responsible for clinical care for employment or insurance purposes, not every OH note. FOI applies mainly to public authorities and is not the usual route for private OH records. The response should be handled through the data controller's process.

Reference: UK GDPR/Data Protection Act 2018; GMC Confidentiality guidance