• Regarding medical privacy

Hello Sir/Madam,

Good Morning. I am a student at one of the IIMs. We currently have our placement session going on. I was supposed to sit for a company but I fell sick on that day. Now my placement team is asking for my medical reports as a proof. My question to you is two fold: 

1. Are they allowed to ask for my prescription and medical reports? 
2. Are they allowed to share it with others? 

Regards
Student
Asked 3 years ago in Civil Law

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11 Answers

They are justified in seeking  your prescription and medical reports if any 

 

2) if you did not go to doctor but took medicine at home inform them of same 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

They only want it so that they can verify that you are telling the truth.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

They can ask for it as they will recruit you if they find you suitable. Moreover you too are interested in that company, it seems.

They cannot share it with anyone else. Taht would be a breach of privacy. But they can ask for it to verify.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If the medical fitness is one among the essential requirements for employment/appointment then the there's no illegality to seek medical reports in order to ascertain your medical fitness. 

It would be a requirement hence it may not be treated as invasion of privacy. 

If you were sick on that day and was treated by a doctor then you may have to produce either medical certificate or the details or treatment particulars. 

If you are looking for placement then you may have to comply with the requirements as well. 

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

The medical fitness is an essential requirement and part of recruitment process. 

Hence there's no legal infirmity in demanding the treatment particulars of the candidate. 

Instead of getting agitated over the petty issues you may decide what can be done in furtherance especially if you are really interested in the placement being offered now.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

You did not attend placement as you were sick 

 

if you consulted a doctor there is no harm in furnishing prescription 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. When you are absenting yourself from an important work on some pretext then naturally the authority can ask for proof. If you do not care them anymore then you may not share the prescription.

2. This is not your private message then absolute privacy or secrecy is to be maintained.

You are going to wok in some organisation very soon . So broaden your mindset and ignore trivialities in life.. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

It is their policy and cannot be questioned. 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Sadly there are no privacy laws

if they do not believe you then you can get a doctor's certificate and submit to them

as regards 1, if you are ok [which i am sure you are not], you may share your reports

but as regards 2, in my view they have no business to share that information to others under any circumstances

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

There are no such privacy rules in case of medical data as of now. It is not an invasion of privacy under the law. 

They have a valid requirement and if it is necessary for them to verify your health record, then they may do so. Unfortunately, our country has not put too much weight on patient confidentiality. Thank you

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

1. Yes, they have right 

2. No, it is illegal 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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