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Medical records and time management - European Investment Bank

3
Aug
2007
Opinions Prior Check and Prior Consultations

Medical records and time management - European Investment Bank

Opinion of 3 August 2007 on a notification for prior checking on the modification of the data processing operations concerning "gestion du temps" and "medical records" (Case 2007-373)

In order to monitor staff health and with a focus on early prevention of health risks, it is planned that the physician at the Occupation Health Centre (OHC) of the EIB would have access to all data related to uncertified sick leave kept in the "time management" tool. Leaves without medical certificates can last up to a maximum of three consecutive days, and at present no data relating to them are accessible by the physician.
 

In his opinion, the EDPS expressed that the EIB would be in breach of certain provisions of the Regulation (lawfulness of the processing, data quality principle, processing of special categories of data) unless it ensures that staff members are requested to provide their freely given, unambiguous consent to the OHC physician's access to data regarding their uncertified medical leave. When requesting consent, it must be ensured that the staff member clearly understands that consent can be withheld or subsequently withdrawn at any time, without any justification, and with no adverse consequences. It must also be made clear that providing this information will only serve the purposes of prevention.

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Topics
Privacy in the EU Institutions
Health Data in the Workplace