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 NI
Issues covered:

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

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Back to Q&A's This article is correct at 05/06/2018

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 NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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