Labour, social affairs & consumer protection
Health programme for the unemployed undermines data protection
The Constitution recognises the particular sensitivity of health
data. Within the scope of the “fit2work” programme that was
established for the unemployed and other persons, unclear care
agreements were used. As a result, the fundamental right to data
protection and privacy was obfuscated. By signing up for this
programme, all the participants had agreed to a comprehensive
disclosure of their health-related information.
Referral of an unemployed man to a
health programme
Mr. N. had been unemployed for a long period of time and was receiving emergency financial aid from the Public Employment Service
Austria. Due to his age, but for health reasons as well, Mr. N. had not
been able to find a suitable employment, despite sending innumerable job applications to various companies. During an appointment
with the Public Employment Service Austria, his adviser offered him
the opportunity to participate in the “fit2work” health programme at
ÖSB-Consulting GmbH (hereinafter: ÖSB). Initially, the offer sounded
promising.
Alarming care
agreement
The disillusionment began when Mr. N. went to see the ÖSB. The ÖSB
gave him an agreement to sign that was titled “Care Agreement and
Consent Declaration fit2work Case Management”. The disturbing
thing was that Mr. N. was supposed to consent to a comprehensive
disclosure of his health information to all of the main public social insurance carriers, including various branch offices of the Public
Employment Service Austria and the Federal Social Welfare Office,
and also had to waive most of his patient confidentiality. As far as the
details were concerned, the “Care Agreement” was very contradictory.
Text passages regarding health care services were inseparably mixed
in with consent declarations regarding disclosure of data; in another
places, “confidentiality” was mentioned. The agreement did not make
it clear what applied and what did not apply.
Mr. N. contacted the AOB und requested clarification as to whether
he had to accept such an agreement. In addition, the unsure, unemployed man wanted to know whether the Public Employment Service
Austria could cancel his emergency financial aid if he were to reject
the agreement with ÖSB.
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