Welcome to the Chris Farnell blog. In England Article 185 of the Data Protection Act 2018 nulls any contract that requires a person to give information regarding their own health. Moreover, throughout the legal text, it is established that the only people capable of dealing with the medical history of an employee are the competent doctors and the individual concerned. 

The Premier League believes that health data has to be protected and the disclosure of this kind of data is stricter than other types of information. There is an inherent conflict of interests as the club, media and sponsors want to know about the condition of the player who may well want to keep the information confidential. Therefore, confidentiality is not absolute and players often waive their right to confidentiality in their employment contract with their club. 

Another way that clubs access medical data is by the coaches and managers pressuring the player to disclose their medical information. Divulging medical data can also be a conundrum for the medical team. On one hand, they have to respect the privacy of the player, but on the other, they work for the club. The most common way medical data is shared is that players give consent to the doctor to provide an injury report to the clubs’ managers and coaches.

As we can see, disclosure of medical data is a question of confidentiality and ethics.

Chris Farnell is a senior partner in IPS Law, a legal firm based in Hale. Connect with Chris Farnell and IPS Law online. Follow Chris Farnell on Twitter here. Read the latest Chris Farnell Charlton news here.