A recent report from the House of Commons revealed a troubling statistic: an estimated one in six adults have experienced a 'common mental disorder' such as depression or anxiety in the past week.
This underscores a significant issue, particularly in workplaces, where there appears to be a stigma surrounding what information employees can share about their colleagues, especially around mental health. Many people assume they cannot share any health-related information without the individual's consent, but this is not the case. The Information Commissioner’s Office recently issued new guidance on data sharing in mental health emergencies.
This condition typically applies in matters of life and death. However, if you cannot use this basis if the worker is capable of giving consent, then the second potential lawful basis is legitimate interest. This basis implies that it may only apply if there's a compelling reason to protect the worker's personal information, which either outweighs your interests or the interests of a third party.
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