Absence owing to illness or accident

Opinion of 11 November 2008 on a notification for prior checking on the procedure in the event of absence owing to illness or accident (Cases 2008-271 et 2008-283)

At the Council, absences owing to illnesses are managed by a specific Medical Absences Management Department, responsible for officials, temporary staff, contract staff and detached national and military experts working at the Council.  Various data processing operations are carried out by this department, for the purpose of ensuring compliance with all statutory and other regulations concerning absence owing to illness or accident and to prevent unjustified medical absences (obtaining medical certificates, checking medical absences, etc.).

The EDPS has examined the processing of personal data in the context of the management of absences owing to illness and has concluded that it does not appear to involve any infringement of the provisions of Regulation (EC) No 45/2001 provided that certain recommendations are followed, and in particular that the department responsible for the processing changes the data retention period, puts in place a procedure to be followed in respect of applications for access to or rectification of data and informs data subjects in accordance with Articles 11 and 12 of the Regulation.