The sick employee 

A large amount of personal data is processed with regard to sick employees. The tightening up of the reintegration obligation and the extended obligation to continue payment of wages have in themselves led to an increase in the need for information on the part of employers. Further deregulation has meant that various tasks have shifted from the public to the private domain and more parties than ever before are now involved in coaching, reintegration or the continued payment of wages. This involvement has resulted in an increase in the need for personal data on sick employees as well as an increased incidence of data exchange.

pdf documentread the summary of this background study (97 KB)

This vast flow of information – often detailed information on the health of employees, sometimes without their knowledge – means that employees are not always fully aware of what is happening to their personal information. The enormous amounts of information and the frequently changing legislation make it difficult for the employers, the occupational health & safety executive, company physicians, the work reintegration agencies, the social security organisation (UWV) and insurance companies dealing with employee sick leave – to keep themselves properly informed about the rules and regulations they should be applying.

This study is an attempt by the Dutch DPA to clarify matters for all concerned. Rules of thumb based on current legislation and regulations have been formulated for the application of privacy regulations during the exchange of information on sick employees. The most important conclusions and the associated rules of thumb can be summarised under the following headings.

Citation
Lieon, drs. S. en Munster-Frederiks, mr. M.Th. De zieke werknemer en privacy. Regels voor de verwerking van persoonsgegevens van zieke werknemers [The sick employee] Dutch DPA, May 2004. Achtergrondstudie en Verkenningen 27