Explaining Your Rights
Right to be informed
We will always gain your consent when we collect information from you and inform you of the purpose of its collection and use.
Right of access
If you require a copy of the information we hold about you, we will provide this within 1 calendar month following the receipt of a written request and the provision of proof of identity.
Right of rectification
If you identify the any of the factual information we hold about you is inaccurate we will amend our records within one month of the receipt of the updated information.
Following an Occupational Health consultation, you will be given the opportunity to review the report from the Occupational Health clinician before it is sent to a manager in order to check for factual inaccuracies so that these can be corrected before it is provided.
Right of erasure
We will not retain health records longer that is required. In practice this means that when you leave an employment, your health record will be kept securely in a digital archive within OH secure drive for:
- 40 years if we are holding health surveillance records
- 3 years from leaving if you were an office worker
- 8 years if we hold any of your medical records.
Following that time we will erase any record we hold about you.
Right to restrict processing
All Occupational Health records are completely confidential and no information will be shared with an employer, without your informed consent. You have the right to withhold this consent.
Right to data portability
In the event of an employer changing Occupational Health provider, APOHS ensure that the employer obtains your consent to move any health records held about you before securely transferring the record to the new provider. Before doing so, APOHS will also ensure that the new provider is a recognised OH provider.
Right to object
APOHS will never use or allow your personal data to be used for marketing purposes. However, you may object if you believe that APOHS has or may use your data in a way that you feel is inappropriate.
Rights related to automated decision making including profiling.
You have a right to object to APOHS providing any advice to you or your employer using automated decision making processes. APOHS will only provide positive outcomes from such processes and any outcomes with potential negative outcomes will not be provided to your employer without being reviewed by an OH clinician and communication with you