Does my employer keep records from health surveillance?

Yes. Health surveillance always includes keeping an individual health record. Under the COSHH Regulations, these records have to be kept for 40 years from the date of the last entry made on it. If you want to see them, and you give reasonable notice, your employer must give you access to your records.

Information about your health is ‘sensitive personal data’ under the Data Protection Act 1998 and your employer must comply with part 4 (Information about workers' health) of the Information Commissioner's Employment Practices Code (PDF, 529KB).

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.