According to the President of UODO, putting information on a referral for a medical examination about the reason for the inability to work, e.g. „bad mental state” or a mention of a release from a psychiatrist, constitutes a violation of data protection regulations. The President of UODO indicates that the employer should not include any information on the referral other than that resulting from the standard template.

It is difficult to agree with such a strict position.

For a proper assessment of an employee’s fitness for work by an occupational physician, it may be crucial to have information about the relevant circumstances that led to the referral for examination (especially after a long absence). The occupational physician does not usually have access to the employee’s full medical records, including information about the reason for the sick leave.

The position of the President of UODO, although dictated by the intention of data protection, ignores the practical aspects of occupational medicine and safety. Not being able to signal to the occupational physician the circumstances relevant to the assessment of fitness for work (especially those that prompted the employer to refer the employee for a medical check-up) can lead to risky situations for both the employee and the employer.

Find more articles in PRO HR May 2025.