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Employee health data constitutes special personal data that, in principle, you may not process. In the event of a sick leave notification, you may only record what is strictly necessary; the nature or cause of the complaints is the responsibility of the company doctor, not you.
Health data is extra protected
Information about a person's health is special personal data (Article 9 GDPR) subject to a processing prohibition, subject to exceptions. As an employer, you rarely fall under those exceptions, so you may not simply collect or record this type of data.
What may you ask when reporting sick?
You may record that an employee is ill and data necessary for the absence and reintegration. According to the Dutch Data Protection Authority, you may, for example, ask for the telephone number and address where the employee can be reached and when he expects to return. You may not ask exactly what is wrong with him.
The role of the company doctor
The company doctor or occupational health service processes medical data regarding the nature and cause of the absence, not you. If an employee provides you with medical information of their own accord, you may, in principle, not record or use it.
Communicating about infection or absence
Be cautious about sharing information within the company. You can warn colleagues that there is a risk of infection and take general measures, but without disclosing the identity or medical details of the employee concerned.
Frequently Asked Questions
May I ask if my employee has a contagious disease?
No, you may not ask about the nature of the complaints. You may, however, take measures and involve the company doctor.
Am I allowed to record why someone is sick?
No. You only record what is strictly necessary; the medical cause is the responsibility of the company doctor.
May I inform colleagues about an infection?
You may warn of a risk and take measures, but without sharing the identity or health data of the person concerned.
Is your absence and privacy policy in order?
Our legal experts document this in your internal privacy statement. View our privacyteam or schedule a free consultation.
