I asked for my employer to cover the cost of an excursion and then I was accused of the exact number of days I was sick over 2.5 years and sent to three other people in the company. Question: Can he use this data at all to answer this request?
And who can get these sick days communicated?
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It depends on your internal privacy policy mostly.
The Company should establish a clear policy to obtain sick leave (who has the right, requirements, documentation, how many days, etc.) and to ensure that HR department does not handle employees’ medical information more than necessary (i.e. medical certificates, death certificates, pregnancy certificates, etc.). Therefore, if your employer answered your question and shared the email with the HR department and medical service, for example, it could be justified, because those people already knew your data. Your data could be shared also with your legal office if your employer considers it a potential legal claim. Other cases should be considered an infringement of your rights (such as if your employer shares your email with other colleagues of your same level or department).
You can find more information in our article:How the GDPR could impact your HR department: https://advisera.com/eugdpracademy/blog/2018/02/22/how-the-gdpr-could-impact-your-hr-department/
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Feb 18, 2020