Germany: Processing employee sickness data

Kategorie: Datenschutz Branche: Konsumgüter, Mobility, Healthcare Jahr:

"According to Section 26(1)(3) of the BDSG, the employer is not entitled to demand information from the employee about the reason and type of the sickness, unless this is exceptionally necessary for carrying out the employment contract. In principle, the employer may process the personal data required for hiring decisions or, after hiring, for carrying out or terminating the employment contract in accordance with Section 26(1) of the BDSG. In this respect, one must be aware, however, that the information about the reason and type of a sickness represent sensitive personal data in the sense of Article 9(1) of the GDPR, for which the processing of follows even stricter requirements that are to be considered."

Dr. Carlo Piltz on Processing employee sickness data in Germany