You know how i feel
In August 2021, the Information Commissioner issued a Call for Views on Employment Practices, seeking to inform its update to the Employment Practices Code, which it proposed would address issues including the processing of workers’ health data.
Further to its Call for Views, in October 2022 the Information Commissioner’s Office published a consultation on its draft ‘Employment practices and data protection: information about workers’ health’ guidance. That consultation closes on 26 January 2023.
The draft guidance addresses the use of special category data concerning the health of workers in the context of maintaining sickness, injury and absence records, occupational health schemes, conducting medical examinations and testing (including drug testing) and other health monitoring.
We would welcome stronger synergies between the draft guidance and existing guidance and best practice on issues such as medical examinations and testing issued by the Health and Safety Executive (HSE) and the Chartered Institute of Personnel and Development (CIPD).
We would also welcome the guidance addressing the use of health data in the context of securing equality within organisations, and being clear about how the rules apply to potential recruits as well as existing workers.
Handley Gill has submitted its response to the Information Commissioner’s consultation, which may be downloaded below.
Should you require support in assessing the lawfulness of the processing of the health data of your employees and other workers, please contact us. Our consultants can provide support in identifying an appropriate lawful basis for processing, conducting legitimate interests assessments, data protection impact assessments (DPIAs), consultations with data subjects, preparing privacy notices and handing data subject rights requests and complaints.
If you are a worker concerned about the use of your health data by your employer, we can support you to understand what data has been processed and to challenge the processing of your personal data and any adverse decisions or consequences resulting from any unlawful processing.