Can employee disclose personal health information in your file where other employees have access to view it?

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Can employee disclose personal health information in your file where other employees have access to view it?

Employee works for a tanning facility. Another employee, assistant manager posted in this person’s profile that tney had a spot that could be cancer and they were not allowed to tan until a doctor’s note was provided saying it was not.Seems to me the employees privacy rights were violated and that if said employee wishes to tan they need to sign a release form which was never provided.

Asked on April 19, 2012 under Employment Labor Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue of whether or not the employee of the tanning salon violated the customer's rights to privacy with respect to a possible cancerous spot and its subsequent disclosure to a third person employee depends upon what the office policy is for that establishment.

You need to be mindful that a tanning salon is not a health care facilty where other regulations pertain to those different establishments with respect to privacy.

Assuming that the information that you have written about was to remain confidential, the confidentiality provsions would presumably remain within the establishment and the disclosure to another employee would not be inappropriate under the law.

I suggest that if you have issues regarding what transpired that you speak with the owner of the shop as to what transpired in that the privacy issue that you have written about seems to be some internal matter within the tanning salon between the owner and his/her employees.

 


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