In her day to day practice, Deirdre advises on all aspects of employment, equality and industrial relations law. Appearing regularly before the Workplace Relations Commission, the Courts and the Data Protection Commission on behalf of clients, Deirdre is an experienced, robust and practical advocate. In recent years, Deirdre developed a niche practice in the areas of employment and data protection with particular experience in dealing with contentious data subject access requests, employment related privacy data breaches, regulatory investigations by the Data Protection Commission and enforcement actions involving criminal sanctions in the data protection space.
In this article, Deirdre Crowley and Finín O’Brien, Matheson, look at data protection issues relevant to the processing of personal data in the context of employment medical assessments.
Employers may need to refer employees for medical examination, or obtain a medical report about an employee for a variety of reasons. This may occur, for example, as part of the recruitment process, as part of a routine periodic health assessment, when managing long-term absence (or investigating short-term absence), or to determine the extent to which an employee is fully or partially fit to partake in an investigation or employee disciplinary process.
While employment law considerations may be to the fore of employers’ minds in such cases, it is important not to
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