Frequently asked questions about working life - health information

The employer is permitted to process data concerning the employee’s state of health (e.g. diagnoses) if the processing is required for the payment of the wages for the period of illness or other, corresponding health-related benefits or to determine whether the employee has a justified reason for absence. The processing of data concerning the state of health is also permitted if the employee specifically requests that his or her ability to work should be reviewed on the basis of the data. The employer also has the right to process data in situations and to the extent provided elsewhere by law.

The employer can collect data concerning the employee’s state of health from the employee. The collection of such data from other sources requires the employee’s written consent. If the employee delivers a medical certificate or statement on his or her ability to work to the employer, the employer may deliver it to the occupational health care provider unless prohibited by the employee.

The employer must keep records containing the employee’s health information separate from their other personal data. Health records must not be stored together with, for example, payroll records.

Only persons who prepare, take or implement decisions concerning the employment relationship on the basis of such information may process data concerning state of health. The employer must designate these persons or define the tasks involving the processing of health information.

The employer and any persons who process health information on behalf of the employer are bound by confidentiality and must not disclose the employee’s health information to third parties.

Data concerning state of health must be deleted immediately after the processing is no longer justified. The justification and need for processing must be assessed at least every five years.

Patients in occupational health care have the right to know who has processed their data and to whom it has been disclosed. An employee can ask occupational health care about this. The employer does not have access to the occupational health care medical records system.

The Act on the Protection of Privacy in Working Life provides detailed provisions on drug testing and the processing of data on drug use (Act on the Protection of Privacy in Working Life, chapter 3). However, the processing of employee alcohol testing or data on alcohol consumption is not specifically covered by data protection legislation.

The Act on the Protection of Privacy and Working Life regulates, among other things, when an employer has the right to process data relevant to the drug test certificate of a job applicant or employee selected for a job. The employer must inform the job applicant or employee that this is a job for which the employer is entitled to process such data.

There are legal health requirements for certain jobs and professional groups. In such job, the employee must be able to prove that they are fit for work, for example for safety reasons. Mandatory health checks are part of being able to demonstrate work ability, and alcohol and drug use may be assessed as part of these checks.

A health check, test or sampling may only be carried out by a health professional or within the sphere of health care.

All health checks and tests carried out by occupational health care comply with the Occupational Health Care Act and other health legislation such as the Act on the Status and Rights of Patients.

Occupational Health Care Act (1383/2001) in the Finlex service

Act on the Status and Rights of Patients (785/1992) in the Finlex service

Occupational health care may not disclose an employee's health information to the employer without the employee’s consent. This means that occupational health care cannot, for example, give individual test results, diagnostic information or mental health information to an employer unless the employee so desires.

Certain professional groups are subject to compulsory health checks, which include a comprehensive examination of the employee’s state of health to demonstrate work ability. The health check may also include an assessment of alcohol or drug use. Occupational health care may only provide the employer with information on the employee’s work ability at a general level.

A general report on the health check is drawn up and submitted to the employer. The certificate includes general assessment of whether or not the person is suitable for the job. The entry can take the form of "able to work", "partially able to work" or "unable to work", for example. The certificate does not include individual test results, a diagnosis or a specific health-related reason why an employee unsuitable for the job (e.g. alcohol consumption).

An employer's right to order a drug test and to process data on drug use is regulated by the Act on the Protection of Privacy and Working Life. A drug test certificate is drawn up stating whether the employee has used drugs for non-medical purposes in such a way that their ability to work or function is impaired. According to the Occupational Health Care Act, the certificate must be given to the person being tested for delivery to the employer.

Occupational Health Care Act (1383/2001) in the Finlex service

For certain professional groups and jobs, an employee must be able to prove that they are fit for work. Health checks are required by law and the employee cannot refuse them without good reason. According to the Occupational Health Care Act, an employee or job applicant selected for a job may not, without justified reason, refuse to participate in a health check that is necessary

to determine their state of health in work or a work environment that poses a particular risk of illness, or to determine
their ability to perform the work or their functional capacity, due to health requirements arising from the work.

Even if an employee has a valid reason for refusing to participate in an occupational health assessment, this may result in disciplinary action at the employer's discretion.

The employer can also offer voluntary health checks and other occupational health services to support work ability. An employee has the right to choose whether or not to undergo these voluntary checks or tests. The employer has a legal obligation to provide preventive occupational health services.

Employees have the right to know what tests on them are being done. A health check must always be carried out in agreement with the employee. Occupational health care is provided in accordance with the Act on the Status and Rights of Patients, which provides for the patient's right to self-determination.

Health information and alcohol and drug tests

When and how can an employer process an employee’s health information?

What is the law on alcohol or drug testing for employees?

What information does the employer receive about an employee’s work ability? Can occupational health care disclose to the employer information about an employee’s alcohol or drug test result?

Does an employee have the right to refuse a health check or alcohol or drug test on the grounds of privacy?

Can an employee’s alcohol consumption be tested without their knowledge?