Workers health information and data protection law

You need to know that your employees are in good health. You would like them to be happy, no doubt. So what health information can you collect and what can you use it for while still respecting their right to privacy?

It seems straightforward enough to ask job candidates to fill in a health questionnaire. However, under the Equality Act 2010 the circumstances under which you can ask health-related questions before offering a job are limited. Any information you collect legitimately, for example to decide whether an applicant can carry out a function that is essential to the job, is regarded as sensitive information under the Data Protection Act (DPA), which means that certain rules apply, limiting the circumstances in which you can process health information.

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