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Medical check-ups - EMCDDA

13
Sep
2007
Opinions Prior Check and Prior Consultations

Medical check-ups - EMCDDA

Opinion of 13 September 2007 on the notification for prior checking regarding pre-employment and annual medical check-ups (Case 2007-348)
At the EMCDDA, the medical check-ups (pre-employment medical check ups and annual medical check ups) are carried out by a qualified medical doctor, carrying out the medical examination on behalf of the EMCDDA. The results of these medical check ups are communicated by the doctor to the medical officer, member of staff at the EMCDDA. The medical files are kept by the EMCDDA medical officer.

The pre-employment medical check-up is carried out only after the candidate has already received a formal offer of employment. To this effect these candidates receive a standard letter convening them to a pre-employment medical examination with the medical doctor carrying out the examination on behalf of the EMCDDA. A medical questionnaire is attached to this letter, to be completed in part by the candidate and duly signed by him/her. In addition, the medical doctor carrying out the medical examination on behalf of the EMCDDA, performs a direct physical examination and completes the medical overview form. The results of the medical exam are communicated to the person concerned and to the medical officer of the EMCDDA. The HR Management sector only receives a medical certificate stipulating the person's ability or inability or ability with a reserve clause.
 
As in the case of the pre-employment medical check-up, during the annual medical check-up, the medical doctor carries out a direct physical examination. Should a member of the staff decide to have the annual medical check-up performed by a doctor of his choice he will receive the list of exams to be carried out from HR and go for the tests and the visit. The staff member is requested to send a copy of the outcome to the EMCDDA, not the results of the specific tests that remain with him/her. The only information circulated to the financial services is the list of the exams and the relative costs as invoiced for the tests.
 

After examining the case, the EDPS concluded that there is no reason to believe that there is a breach of the provisions of Regulation 45/2001 providing that certain considerations are fully taken into account. Notably certain data in the medical questionnaire must be re-assessed in the light of the principles of adequacy, relevance, and proportionality for purposes of assessment of fitness for service and assistance in determination of limitations with respect to death or invalidity benefits for the first five years of service; the EMCDDA evaluates to what extent and for what purposes the content of a medical file needs to be kept and determines a conservation period concerning data relating to persons who have been submitted to a medical exam, but who then refuse employment; and that the EMCDDA reconsiders the procedure of communication of data relating to the medical exams undertaken with a private doctor to the financial services with the aim of reconciling the data subject's right to privacy and the obligations of the financial services.

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Topics
Privacy in the EU Institutions
Health Data in the Workplace