Gathering, Handling and Using Health Check Data of Labor: An Analysis of Civil Judgment No. 144 of Labor Litigation of Taiwan Taipei District Court
Under the Occupational Safety and Health Act, employers in Taiwan are tasked with maintaining employee health check data. This is vastly different from other countries where such data are handed over to and maintained by medical professionals, with strict limitations imposed on the scope of information that an employer can access. In the present judgment, it was held that employee health check records are not to be maintained and managed only by medical personnel, but that employers also bear a legal obligation for health management, where the authorization of an employee safety manager to gather, handle and use employee health data is not a violation of the Personal Data Protection Act. Nevertheless, such a position is inconsistent with current practice. From the mischief rule and systemic interpretation of occupational safety and health laws, this paper highlights the necessity for medical personnel to be responsible for maintaining and using health check data, in safeguarding the medical privacy of employees.