GDPR COMPLIANCE FOR OCCUPATIONAL HEALTH AND CORPORATE MEDICAL SERVICES

Privacy Policy for Occupational Health and Corporate Medical Services

Effective: 1 May 2025

1. Introduction

We, the (“Entity”), are committed to safeguarding your personal and medical information under the General Data Protection Regulation (EU) 2016/679 (“GDPR”), labor laws, and occupational health guidelines. This policy outlines how we manage employee health data in providing preventative, regulatory, and advisory services.

2. Data Controller

The Entity is the Data Controller. In some contexts, the employer may act as Joint Controller when data is shared for legal obligations (clearly defined under Article 26 GDPR).

3. What Personal Data We Collect

We collect and process:

• Identification Data: Name, employee ID, job title, department

• Contact Details: Phone, email, workplace address

• Health Data: Medical assessments, fitness-for-work evaluations, vaccination records, ergonomic assessments, mental health notes

• Incident Reports: Work-related injury/illness reports, occupational exposure logs

• Medical Certificates: Sickness absence, return-to-work documentation

• Legal/Regulatory Information: Disabilities, workplace accommodations, consent records

All data is processed with confidentiality and occupational relevance only.

4. Lawful Basis for Processing

Processing is based on:

• Consent (Art. 6(1)(a), 9(2)(a)) – for optional wellness programs or referrals

• Legal Obligation (Art. 6(1)(c)) – for workplace safety (OSH) and labor law compliance

• Contractual Necessity (Art. 6(1)(b)) – for pre-employment health screening

• Health and Social Care (Art. 9(2)(h)) – occupational healthcare provision

• Public Interest in Public Health (Art. 9(2)(i)) – during outbreaks or emergencies

5. Purposes of Data Processing

We process data to:

• Conduct health surveillance and compliance screening (e.g., audiometry, spirometry)

• Certify employee fitness to work

• Monitor return-to-work or workplace rehabilitation

• Support workplace health promotion

• Fulfill legal reporting duties (e.g., workplace accidents)

• Advise on accommodations and modifications

6. Data Sharing and Recipients

We may share data with:

• Employers, limited to occupationally relevant findings (not full records)

• Workplace safety officers or HR (fitness notes only)

• Government inspectors or OSH regulators

• Third-party labs or diagnostic providers

Full medical details are never shared without explicit consent. Disclosures are always documented and minimized.

7. Data Retention

• Occupational Health Records: Retained for 40+ years for exposures to hazardous substances (e.g., asbestos, noise)

• Routine Medicals: Retained 10 years post-employment or per industry-specific rules

• Vaccination & Surveillance Logs: 10–20 years

8. Data Subject Rights

You can exercise your GDPR rights:

• Access (Art. 15)

• Rectify (Art. 16)

• Erase (Art. 17), unless retention is legally required

• Restrict (Art. 18)

• Object (Art. 21)

• Withdraw consent (Art. 7(3))

Contact: [DPO Contact Information]

9. International Transfers

We do not typically transfer occupational health data outside the EEA. If required (e.g., for international branches), transfers are subject to:

• SCCs or BCRs

• Explicit employee consent

10. Data Security

Our controls include:

• Encrypted employee medical record systems (EMRs)

• Restricted access for clinicians only

• Audit logs for internal tracking

• Staff training on occupational confidentiality

11. Data Breach Notification

Incidents affecting medical confidentiality are escalated per Articles 33 and 34 GDPR, with notifications issued where appropriate.

12. Automated Decision Making

No decisions affecting employment or fitness are made solely by automated systems.

13. Data Protection Impact Assessments (DPIA)

We perform DPIAs for:

• Mass health screenings

• Biometric tracking

• Any AI-based occupational risk assessment tools

14. Cookies and Website Tracking

We use cookies and similar tracking technologies strictly for essential website functionality, security, and analytics. No profiling or advertising cookies are used without your prior explicit consent.

15. Complaints

You may lodge a complaint with your Supervisory Authority if you believe your rights are infringed via CONTACT SUPERVISORY AUTHORITY below.

16. Use of Artificial Intelligence (AI) and Automated Tools

We may use Artificial Intelligence (AI) or automated technologies to support the delivery, analysis, or improvement of our services. Any deployment of AI is conducted in accordance with applicable laws, including the GDPR and forthcoming EU AI Act, and is subject to the following safeguards:

• Transparency: Where AI tools are used to process personal data (e.g., chatbots, service optimization, fraud detection), individuals are clearly informed at the point of interaction.

• Human Oversight: All AI-supported functions are subject to human review and final decision-making. No fully automated decisions with legal or similarly significant effects are taken without human intervention.

• Fairness and Accuracy: AI systems used by the Entity are regularly monitored to ensure outputs are non-discriminatory, accurate, and aligned with intended purposes.

• Data Minimization: Personal data used in AI models is limited to what is strictly necessary, and anonymization or pseudonymization is applied wherever feasible.

• Third-Party AI Providers: If AI services are sourced from external vendors, they are required to comply with our data protection standards and are bound by GDPR-compliant agreements (Art. 28).

• Rights of Individuals: Data subjects retain all applicable GDPR rights, including the right to object to automated processing (Art. 21) and to receive meaningful information about the logic and implications of any AI-supported decisions (Art. 22).

This clause will be updated as legal frameworks governing AI continue to evolve.

17. Updates
This policy is reviewed annually and updated to reflect changes in law or service station operations.

We the ENTITY take your privacy seriously and treat your personal information with the same care and respect we would expect for our own. This policy has been developed to comply with relevant data protection laws in our jurisdiction and, where necessary, with those of other applicable regions. If you have any concerns or identify areas where you feel we may not be meeting our responsibilities, please don’t hesitate to get in touch using the contact methods listed at the end of this policy. We are committed to addressing any issues promptly and transparently.

A specialized compliance team has created this policy

1. Data Protection Officer (DPO) – Regulatory Oversight

• Ensures all policies strictly adhere to GDPR principles (lawfulness, transparency, data minimization, etc.)

• Coordinates legal review of lawful basis, data subject rights, international transfers

• Leads DPIA structure and breach protocols

2. Healthcare Compliance Specialist – Clinical & Sector-Specific Accuracy

• Aligns policies for clinics, hospitals, diagnostic labs, and CROs with EU healthcare-specific laws (e.g., MDR, IVDR)

• Validates handling of health data, pseudonymization, and patient consent

3. Cybersecurity Expert – Data Security & Technical Controls

• Reviews and enhances sections on encryption, access controls, breach response

• Assesses vulnerabilities in telemedicine, HealthTech, and device ecosystems

4. Clinical Trials Legal Advisor – Research & Ethics Governance

• Provides expert review of consent models, data minimization, and pseudonymization in CRO/trial sponsor contexts

• Validates retention and secondary use of trial data

5. Insurance & Claims Data Analyst – Financial & Claims Compliance

• Reviews insurance provider policy to ensure lawful processing of medical + financial data

• Checks fraud detection profiling, cross-border reinsurance handling

6. Social Care & Safeguarding Expert – Care Facilities Privacy

• Ensures care home, mental health, and disability service policies reflect safeguarding, social care, and public interest standards

7. Occupational Health Specialist – Employment Health Interface

• Validates lawful employer data access, fitness for work processing boundaries, and health/safety recordkeeping

8. Medical Device Regulatory Consultant – MDR/IVDR Alignment

• Ensures policies for device providers include obligations under EU Medical Device Regulation and post-market surveillance practices

9. Digital Health & AI Legal Advisor – Emerging Tech Compliance

• Checks AI/algorithmic decision-making disclaimers in telemedicine & HealthTech

• Ensures policies reflect EU AI Act intersections where applicable

10. Cross-Border Transfers Specialist – International Data Governance

• Verifies compliance mechanisms for SCCs, BCRs, and adequacy decisions across all entities transferring data internationally