6. If I'm looking for a job, can an employer require me to provide medical information/records?
An employer can ask a job applicant to provide medical information if he/she wants to use the information to determine whether the job applicant:
- would have any infectious disease under the DDO;
- would be able to carry out the inherent requirements of the job ( section 42(3) of the DDO); or
- would need special services or facilities in order to perform the inherent requirements of the job (section 42(3) of the DDO).
If you are asked to provide medical information not for the reasons above, you can refuse to provide such information. If your employer insists on collecting such medical information, you may lodge a complaint with the Equal Opportunities Commission.
Employers must also comply with the six data protection principles (under the Personal Data (Privacy) Ordinance) when they collect medical information from potential employees. Appropriate security measures must be taken in order to protect such information against unauthorized access.
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