Individual rights

• Pages: 6-7

Protection of workers’ personal data

6

10.7. An interconnection of files containing workers’ personal data should be

prohibited unless strict compliance with the provisions of this code on internal

communications has been secured.

10.8. In the case of a medical examination, the employer should be informed only

of the conclusions relevant to the particular employment decision.

10.9. The conclusions should contain no information of a medical nature. They

might, as appropriate, indicate fitness for the proposed assignment or specify the kinds

of jobs and the conditions of work which are medically contra-indicated, either

temporarily or permanently.

10.10. The communication of personal data to workers’ representatives should take

place only in conformity with national legislation or a collective agreement in

accordance with national practice, and should be limited to the personal data necessary

to fulfil the representatives’ specific functions.

10.11. Employers should adopt procedures for monitoring the internal flow of

personal data and for ensuring that the processing complies with this code.

11. Individual rights

11.1. Workers should have the right to be regularly notified of the personal data

held about them and the processing of that personal data.

11.2. Workers should have access to all their personal data, irrespective of

whether the personal data are processed by automated systems or are kept in a particular

manual file regarding the individual worker or in any other file which includes workers’

personal data.

11.3. The workers’ right to know about the processing of their personal data

should include the right to examine and obtain a copy of any records to the extent that

the data contained in the record includes that worker’s personal data.

11.4. Workers should have the right of access to their personal data during normal

working hours. If access cannot be arranged during normal working hours, other

arrangements should be made that take into account the interests of the worker and the

employer.

11.5. Workers should be entitled to designate a workers’ representative or a co-

worker of their choice to assist them in the exercise of their right of access.

11.6. Workers should have the right to have access to medical data concerning

them through a medical professional of their choice.

11.7. Employers should not charge workers for granting access to or copying their

own records.

11.8. Employers should, in the event of a security investigation, have the right to

deny the worker access to that worker’s personal data until the close of the investigation

and to the extent that the purposes of the investigation would be threatened. No decision

concerning the employment relationship should be taken, however, before the worker

has had access to all the worker’s personal data.