Acquisition, Preservation and Use of Labors’ Health Examination Data ─ The Obligation of Health Examinations for Labors vs. The Protection of Privacy
In labor relations, employers shall conduct health examinations for labors, in according to the Occupational Safety and Health Act, to ensure a smooth business operation and health of labors, and also labors have the obligation for health examinations. However, the health information of labors is important content for their privacy and there are also regulations that related to labors’ privacy protection in the Employment Service Act and Personal Data Protection Act. But when there is a conflict between the two above-mentioned, how to solve it? This article proposes to organize relevant regulations of Taiwan and then take the legal framework of Japan in reference to analyze and review the conflict.