Always a tricky minefield, the sick employee and privacy. Therefore, it is useful to know that new, readable policy rules have been established by the Data Protection Authority (formerly the Dutch Data Protection Authority). The policy rules contain current information for employees, employers, and other parties that process data about the health of (sick) employees.
The AP has also announced that this year it will prioritize the processing of sensitive medical data and the use of personal data within the employment relationship, so it is definitely advisable to check within your organization or personal situation whether these policies are currently being followed!
The AP has also announced that this year it will prioritize the processing of sensitive medical data and the use of personal data within the employment relationship, so it is definitely advisable to check within your organization or personal situation whether these policies are currently being followed!
- the nursing address, telephone number;
- expected duration of the absence,
- ongoing agreements and activities,
- there is a safety net situation (Sickness Benefits Act),
- there is a case of a company / traffic accident.
It is the company doctor’s responsibility to investigate the nature and cause of the illness. Based on this, they advise on the resumption of work and reintegration. However, the company doctor is not allowed to share (sensitive) medical information with the employer. The employee also does not need to do so, not even voluntarily; unless the employee has a condition where it is practical for colleagues to know how to act in an emergency, for example in the case of epilepsy.
It is the company doctor’s responsibility to investigate the nature and cause of the illness. Based on this, they advise on the resumption of work and reintegration. However, the company doctor is not allowed to share (sensitive) medical information with the employer. The employee also does not need to do so, not even voluntarily; unless the employee has a condition where it is practical for colleagues to know how to act in an emergency, for example in the case of epilepsy.
- the tasks that the employee is able or unable to perform (functional capacities, residual capacities, and implications for the work the employee must carry out);
- expected duration of the absence;
- measure of incapacity for work;
- measure of incapacity for work;
Also interesting to know is which data the Occupational Health Service is allowed to process, for example, if the Occupational Health Service uses employees who must carry out absence supervision and who are not doctors. They may only have access to information that is necessary for the execution of tasks related to reintegration or guidance, and no more than that. The Occupational Health Service is also legally obligated, upon request from the UWV, to provide data to the UWV that is necessary for the UWV’s task execution.
In addition, what information may be processed during the application, when a medical examination can be requested (only under strict conditions, if the position imposes special requirements on the medical suitability of the candidate).
For a complete description of the rights and obligations regarding the sick employee and their privacy, we kindly refer you to the website of the Autoriteit Persoonsgegevens:
