Could you please advise how long an employer may hold a medical cert on an employee’s file?
Posted in : First Tuesday Q&A ROI on 1 February 2011 Issues covered:A medical certificate is likely to contain sensitive personal data of an individual under the Data Protection Acts 1988 and 2003 (“DPA”). As such, it is important that it be held on the employee’s file for no longer than is strictly necessary for the legitimate purpose(s). Any retention must be justified in accordance with the DPA.
There is no exact length of time for which such data should be retained and the length of the retention will depend on the particular purpose(s) for which it is kept. For example, the employer’s reasonable need to monitor levels of absenteeism throughout a calendar year, or where it is necessary to prevent injury or other damage to the health of the employee, or
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, register today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.