How should we obtain an employee’s medical data post-GDPR?
Posted in : First Tuesday Q&A NI on 5 June 2018
Chris Fullerton
Arthur Cox
There are various reasons why an employer will wish to obtain a medical report on an employee in the context of the employment relationship. For example, recording sickness absence, determining if the employee is entitled to permanent health insurance and for health and safety purposes.
Under the GDPR, health information is deemed “special category” personal data, i.e. data that is more sensitive and so requires additional protection. Therefore, prior to processing health information relating to an employee or a prospective employee an employer will need to ensure it has a lawful basis for doing so as per Article 6(1) and also that it has a specific condition for processing in line with
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More from the First Tuesday Q&A
-
Can employers make employees use annual leave during periods of furlough?
Posted in: First Tuesday Q&A NI on 02 February 2021
-
Can employees serving their notice period be claimed for through the CJRS
Posted in: First Tuesday Q&A NI on 02 February 2021
-
Does a business have to show a downturn in work to avail of the extended CJRS?
Posted in: First Tuesday Q&A NI on 02 February 2021
-
Which employees are eligible for the extended CJRS?
Posted in: First Tuesday Q&A NI on 02 February 2021
-
Can we continue with a disciplinary process if the employee leaves before the process has concluded?
Posted in: First Tuesday Q&A NI on 01 December 2020
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
View all articles by Chris Fullerton