Article: Issues regarding health data’s protection at the work place

Laora TILMAN

Doctorante dans le cadre d’une convention CIFRE avec le CHRU de Lille – CRDP – Université Lille 2 – PRES Nord de France

Abstract

In occupational medicine, the French law created a medical record for health data at the workplace (Art. L4624-1 code du travail : Dossier médical de santé au travail – DMST). As there’s a medical record in every hospital, there’s now a medical record at the workplace. As we know, health datas are personal and sensitive data, and it’s important to assure a strong protection so as to keep safe the privacy of the person. Assuming that the datas are about health at the workplace, the protection must be stronger, as the employer cannot have access to this particular medical record. But, the past few years, ICT’s have increase and it became easier to collect, archive and communicate personal and medical datas. French law early realized that a strong and strict legal organization should be introduced. This communication will focus on that legal protection. We will see that different levels of protection exist, to keep safe the confidentiality of health datas in the workplace.