Обработка на личните данни на работниците и служителите – обработващ ли е службата по трудова медицина?
PROCESSING THE PERSONAL DATA OF WORKERS AND EMPLOYEES – IS THE OCCUPATIONAL HEALTH SERVICE A PROCESSOR?

Summary/Abstract: The study deals with the role (an admini strator, a processor, a joint administrator) of the occu pational health service from the viewpoint of the personal data of the workers and employees of an employer with whom the service has entered into a contract. The supervisory body, the judicial practice and the legal literature defi ne the occu pational health service as an administrator (Supreme Administrative Court) and as a processor (Commis sion on Personal Data Protection and the Legal Doctrine). Neither the Commission on Personal Data Protection nor the legal literature base their assertions on a thorough analysis of the relations between the employer and the occupational health service. The Commission defi nes a criterion for distinction (the capability of independent performance of the activity assigned), which should not be applied on its own as that brings about a wrong defi nition of the arrangement. The legal literature points out the relations between the employer and the occupational health service as an example of relations between an administrator and a processor, but gives no arguments as to why the occupational health service is defined as a processor. Attention is drawn to the need for independent consideration of the question of whether the occupational health service is an independent administrator or an administrator acting jointly with the employer.

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