New ICO Guidance on Sharing Personal Data in Mental Health Emergencies

Employers need to plan ahead to ensure personal data can be shared appropriately to protect those affected by a mental health crisis.
Wed 20th Mar 2024

New guidance for employers on sharing personal data about their workers during a mental health emergency has been published by the Information Commissioner’s Office (ICO).

Protecting the mental and physical health of the person involved, and of any others who may be impacted is a key message in the guidance. Data protection does not act as a barrier to necessary and appropriate information sharing in, for example, situations where a mental health emergency occurs, the guidance says.

To ensure that employers mitigate the risk of serious harm to the worker concerned or to others, the ICO guidance acknowledges that employers may need to share necessary and proportionate information with the relevant emergency services and health professionals.

In certain circumstances, an employer will be able to share a worker’s personal information with their next of kin or emergency contract. Employers are required, the ICO guidance stipulates, to use care and judgement in determining the level of information to share based on each specific case.

Where there is a suspected mental health emergency of a worker, the ICO encourages employers to plan how they will deal with personal data sharing by taking the following action:

  • Identify the correct lawful basis for processing and sharing personal data in circumstances where a mental health emergency occurs.
  • Develop a policy on personal data sharing for mental health emergencies. The policy should describe the type of information involved, who they may need to share the information with, and the security measures in place.
  • Share the policy with all workers and provide training on handling personal data during a mental health emergency.
  • Ensure that details of next of kin and emergency or mental health contacts for workers are kept up to date through regular review.
  • Consider allowing workers to provide separate emergency contacts for mental health emergencies to those they provide for general emergencies.

You can read the ICO guidance on sharing information about workers in the event of a mental health emergency here.

For help and advice on this topic or related issues, please contact Emily Morrison by calling 01727 798106 or emailing emily.morrison@salaw.com.

Contact me

Use this form to contact Emily Morrison directly with details of your enquiry. It costs nothing to make an enquiry and it is entirely confidential.

Alternatively, you can email emily.morrison@salaw.com or call 01727 798106.

See our privacy notice to find out how we use and protect your data.

Name & Email
Message
Read SA Law's latest employment views & insights
Stained glass window Employment SA Law
Views & Insights
What a Difference a Name Makes

Despite the protection afforded by the law, discrimination continues to be a problem in the UK employment sector.Name-blind recruitment is one way to…

Read More
SA Law Employment Laptop
Views & Insights
Top Tips on Avoiding Discrimination When Managing Older Workers

Employers are still coming to terms with the practical challenges of managing older workers since the abolition of the default retirement age. Following…

Read More
SA Law Employment Laptop
Views & Insights
GP's Call for Workers to Self Certify Sickness for up to 14 Days

Proposals made by doctors at the British Medical Association permitting workers to “self-certify” sickness for up to 14 days have been met with opposition…

Read More
Stained glass window Employment SA Law
Views & Insights
What is the ICO's Guidance on Biometric Technology in the Workplace?

Many banks and financial institutions are harnessing the use of biometric systems to have a positive impact on their customers, but what is the ICO’s…

Read More
SA Law Employment Laptop
Views & Insights
The Risks of Using Biometric Technology in the Workplace

Biometric technology has become a way for businesses to securely guard access to physical workplaces, online company networks, and sensitive data, but…

Read More
Stained glass window Employment SA Law
Views & Insights
The New Changes to Employment Law

Emily Morrison was asked by City A.M to comment on the new changes to employment law coming into force on 6th April, and discusses what businesses…

Read More
SA Law Employment Laptop
Views & Insights
What Changes will we see to Flexible Working Requests?

With employees being given the right to request flexible working from ‘day one’ of their employment, Chris Cook and Emily Morrison explain…

Read More
Join our mailing list

Want our latest views & insight along with exclusive event invitations and much more sent directly to you? Discover our Knowledge Share newsletter

Read More

© SA LAW 2024

Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them alone. You are recommended to obtain specific advice in respect of individual cases.