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aPPENDIX D:
summaries OF selected cases
a. Ministry of Employment
The following cases concluded in 2011 were selected for publication in the Annual
Report:
1-1. Diagnostic information about injured person
passed on to employer by the National Board of
Industrial Injuries
The Ombudsman opened an own-initiative investigation of a case involving the
passing on of information by the National Board of Industrial Injuries.
The reason for the own-initiative investigation was a specific complaint case
during which the Ombudsman had learned that the Board had passed on information about an injured person’s diagnosis to the insolvent estate of the person’s former employer. The information was passed on in connection with two
reminder letters to the insolvent estate as part of the Board’s efforts to obtain
information about the injured person’s income.
The Ombudsman asked the Board, the Ministry of Employment and the Data
Protection Agency for statements on the matter.
The Data Protection Agency stated, among other things, that when a reminder
letter is written in a case processing system, printed and then sent manually as
an ordinary letter by post, the passing on of information is covered by section
1(1) of the Act on Processing of Personal Data. The Agency gave weight to the
fact that in the specific case, the information was printed from an IT system
with a view to direct forwarding.
The Agency was of the opinion that section 7(2)(iv) of the Act was applicable.
The Agency stated that it can hardly be considered necessary to pass on information about the diagnosis at a time when it is not relevant for the employer
or the insolvent estate to assess whether the case gives either cause to consider
using their appeal options. On the basis of the information available, the Agency did not find that section 7(2)(iv) of the Act on Processing of Personal Data
entitled the Board to pass on information about a diagnosis to the employer or
the employer’s insolvent estate in connection with reminder letters as part of the
case investigation.
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