Medical check-ups - CPVO

Opinion of 4 June 2008 on the notification for prior checking regarding pre-employment and annual medical check-ups (Case 2007-176)

This opinion concerns the pre-employment and annual medical check-ups organized at the CPVO. The recommendations of the EDPS include the following:

Regarding data quality, the scope of data collected on the medical overview form and the information included on the certificate of fitness should be revised to comply with the principles of relevance and proportionality.  As to the conservation of the data, a reasonable, definite time frame must be established by the CPVO for the conservation of each category of employee and candidate medical data held by the CPVO. On information to data subjects, clear and specific information needs to be provided to data subjects regarding all items listed under Articles 11 and 12 of the Regulation. With respect to the pre-employment medical check-up, the EDPS also recommends the additional information on anti-discrimination referred to in point 3.8.4 of the Opinion. Finally, with regard to processing data on behalf of controllers, the service contracts concluded with the CPVO Physician and the CPVO Medical Centre should be modified to address data protection aspects pursuant to Article 23 of the Regulation. Instructions should be provided to the processors to comply with the minimum data protection safeguards recommended in this Opinion.