Medical test and employee's autonomy. Confidentiality of data and non-discrimination.

Abstract

Monitoring health is one of the basic principles of Occupational Health and Safety. The main objective of this monitoring will be the detection of possible damage to health arising from work. They try to discover the effects that the inherent risks with the work may cause the worker, which will show, given the case, through an alteration of health or the state of organic and functional state, both physically and mentally. Regarding the monitoring of health, there are many and varied issues to be raised concerning the right to personal privacy. Thus, notably, whether there was effective consensus, and whether, in particular, the object and the purpose of the medical examination meant a disregard of the statutory scheme, an excess or even a failure to comply with the terms of the Spanish Constitution. The limits imposed by the law makers to the productive unit will play a key role in identifying the content of the company obligation to monitor health, being in many cases guarantees of constitutional rights. Therefore, the methods of health monitoring and control of workers will always be carried out respecting the privacy and dignity of the worker as well as the confidentiality of all information related to their health.