Invalidity Committee - Conseil

Opinion of 16 January 2009 on the notification for prior checking regarding the "Invalidity Committee procedure" (Case 2008-626)

The Council of the European Union has established a procedure defining the arrangements for referrals to and the functioning of an invalidity committee responsible for evaluating the invalidity of an official, temporary member of staff or contract member of staff, the opinion of which will be used as a basis for a decision on whether the person concerned should be granted invalidity or resume work.

The EDPS recommends, inter alia, that the administrative departments dealing with social medicine be reminded that they are subject to professional secrecy, and that health-related data be disclosed only to persons authorised to receive such data and who are subject to professional secrecy. The EDPS also recommends that the information note be revised to include information on data recipients and on whether replies to questions are obligatory or voluntary and the possible consequences if the individual refuses to produce medical certificates.