Which information of employee health can be accessed by employers?
In opinion nr. 0712-1/2019/1005 dated 20 May 2019 the Information Commissioner explained which information pertaining to an employee’s health an employer can obtain under the law governing health and safety at work. Health-related information (including information from which it is possible to deduce the health condition of an individual) is a specific type of personal information (i.e. sensitive personal information), whose processing is more rigorously regulated. Employees can only obtain information regarding the health of employees as provided for by the law.
The health-related information of employees that employers can obtain is specified in:
i) Rules on preventive medical examinations of workers
There are two certificates attached to the Rules, namely a medical certificate assessing the fulfilment of specific health requirements after having undergone a preliminary preventive medical examination and a medical certificate assessing the fulfilment of specific health requirements after passing a targeted periodic or other targeted preventive medical examination. These certificates specify personal information that employers will have access to.
ii) Rules on the organisation and functioning of expert bodies of the Pension and Disability Insurance Institute of the Republic of Slovenia
In accordance with these Rules, employers may have access to expert opinions of expert bodies of the Pension and Disability Institute of the Republic of Slovenia, but only to the extent that is summarised in the decision on the recognition or refusal of a right from disability insurance.
iii) Rules on the protection of workers from risks related to exposure to chemical substances at work
In accordance with these rules, employers may have access to the results of biological monitoring, which is an indicator of the appropriateness, adequacy and effectiveness of the measures introduced to protect the health of employees.
In conclusion, the Information Commissioner’s opinion suggests that employers require a legal basis to obtain information about employees’ health, and can only access information specified in either the law or executive acts.
Author: Erika Poles, associate
