Health tests could be prohibited

Drug and alcohol tests, genetic screening and snooping into personal medical histories could be ruled out of order, if the government approves draft data protection guidance.

In December, Information Commissioner Richard Thomas issued a draft of the fourth, and final, part of the Employment Practices Data Protection Code, for a three-month period of consultation.

The draft code, Information About Workers' Health, says drug and alcohol testing should be limited to workers in jobs that pose particular safety risks. It says it will be deemed "intrusive" for employers to obtain information about workers' health, and adds: "Workers have legitimate expectations that they can keep their personal health information private and that employers will respect this privacy."

The code says employers should gather information about staff health only if they can satisfy a "sensitive data condition", such as for health and safety reasons, to prevent discrimination on the grounds of disability, or if a worker has given consent.

The code also makes clear that companies must not use genetic testing to make predictions about workers' future general health.

Information About Workers' Health is on the Information Commissioner's Office website: www.informationcommissioner.gov.uk Reps can contribute to the consultation through the website. The deadline is 27 February 2004.