Information sharing in mental health emergencies at work

We have occasionally been asked by managers whether they are allowed to share staff mental health information when they become aware of the staff member having a mental health emergency. The ICO has produced new guidance on this (01.03.24), to give greater certainty to employers that they are able to share necessary and proportionate information to the relevant and appropriate emergency services or health professionals when there is a risk of serious harm to the worker or to others.

The guidance defines what they believe to constitute a mental health emergency and considers whether mental health information is different to health information under data protection law. It provides examples of circumstances when mental health information can be shared and what lawful basis and special category condition is most likely to apply. It also provides advice on how to plan for information sharing in a mental health emergency.

Additionally, it suggests that employers could consider offering employees the choice of naming a separate next-of-kin specifically in case of a mental health emergencies, as there may be occasions when the next-of-kin for general emergencies may not be the person most suited to help in such a situation.