14
Jun
2007
Medical file (Luxembourg) - Parliament
Opinion of 14 June 2007 on a notification for prior checking regarding the "Medical Files - Luxembourg" case (Case 2004-203)
The prior checking refers to medical files at the European Parliament (EP) in Luxembourg, in particular monitoring health at work including pre-recruitment medical examinations and annual check-ups; medical emergencies at the workplace, preventive health care and various consultations.
The pre-recruitment medical examination carried out includes a medical questionnaire to be filled in by the candidate and a series of medical examinations. The doctor enters a summary of the examination and the conclusions in the medical questionnaire. He then sends the department concerned a declaration stating that the person is either fit or unfit to work.
The annual medical check-up is an administrative requirement for all officials and other staff in active employment. The annual medical check-up may be carried out either by one of the EP's Medical Officers or by a doctor chosen by the person concerned. In the latter case, the doctor must send the Medical Service as soon as possible the report on the medical check-up and the results of the examinations carried out.
The Medical Service ensures that medical check-ups are carried out. The Medical Service uses administrative follow-up files for medical files to keep track of annual medical check-ups..
The EDPS has carried out a prior check on these activities and has concluded that the proposed processing operation does not appear to infringe the provisions of Regulation (EC) No 45/2001, provided that account is taken of certain recommendations, in particular:
- that, in general terms, the EP should undertake a thorough reassessment of the questions put in the questionnaire for the pre-recruitment medical examination and annual medical check-up in the light of the principles of adequacy, relevance and proportionality, for the purposes of judging fitness for service;
- that it should consider the period of storage of medical data in the light of the recommendations made by the EDPS on 26 February 2007
- that the EP introduce a procedure for non-recruited persons in respect of whom medical information has been recorded, so that they too have a right of access under Article 13 of Regulation (EC) No 45/2001;
- that the EPrender data anonymous or, failing that, encrypt them before they are used for historical, scientific or statistical purposes;
- that the EP supplement the information provided in the waiting rooms
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