Act on the Protection of Privacy in Working Life 759/2004, 1 October 2004.
Chapter 1.- General provisions
Section 1.- Purpose of the act
The purpose of this Act is
to promote the protection of privacy and other basic rights safeguarding
the protection of privacy in working life.
Section
2.- Scope of application
(1) This Act lays down provisions
on the processing of personal data about employees, the performance of
tests and examinations on employees and the related requirements,
technical surveillance in the workplace, and retrieving and opening
employees’ electronic mail messages.
(2) The provisions of
this Act concerning employees also apply to civil servants and any
persons in a civil service relationship or comparable service
relationship subject to public law, and, as appropriate, to job
applicants.
(3) Processing of personal data is also subject to
the Personal Data Act (523/1999) and the Act on the Protection of
Privacy in Electronic Communications (516/2004), unless otherwise
provided in this Act.
(4) Separate provisions shall be issued
on the obligation of employees to undergo a health examination.
Chapter 2.- General requirements for processing personal data
Section 3.- Necessity requirement
(1) The employer is only
allowed to process personal data directly necessary for the employee’s
employment relationship which is connected with managing the rights and
obligations of the parties to the relationship or with the benefits
provided by the employer for the employee or which arises from the
special nature of the work concerned.
(2) No exceptions can be
made to the necessity requirement, even with the employee’s consent.
Section 4.- General requirements for collecting personal data
about employees and the employer's duty to provide information
(1) The employer shall collect personal data about the employee
primarily from the employee him/herself. In order to collect personal
data from elsewhere, the employer must obtain the consent of the
employee. However, this consent is not required when an authority
discloses information to the employer to enable the latter to fulfil a
statutory duty or when the employer acquires personal credit data or
information from the criminal record in order to establish the
employee's reliability.
(2) The employer shall notify the
employee in advance that data on the latter is to be collected in order
to establish his/her reliability. If information concerning the employee
has been collected from a source other than the employee him/herself,
the employer must notify the employee of this information before it is
used in making decisions concerning the employee. The employer's duty to
provide information and the employee's right to check the personal data
concerning him/herself are also subject to other relevant provisions of
the law.
(3) The collection of personal data during
recruitment and during an employment relationship is governed by the
cooperative procedure referred to in the Act on Cooperation within
Undertakings (725/1978) and the Act on Cooperation in Government
Departments and Agencies (651/1988).
Section 5.-
Processing health information
(1) The employer has the
right to process information concerning the employee's state of health
only if the information has been collected from the employee
him/herself, or elsewhere with the employee’s written consent, and the
information needs to be processed in order to pay sick pay or other
comparable health-related benefits or to establish whether there is a
justifiable reason for absence or if the employee expressly wishes
his/her working capacity to be assessed on the basis of information
concerning his/her state of health. In addition, the employer has the
right to process such information in the specific circumstances, and to
the stipulated extent, separately provided elsewhere in the law.
(2) Information concerning the employee's state of health may only be
processed by persons who prepare, make or implement decisions concerning
employment relationships on the basis of such information. The employer
shall nominate such persons or specify the tasks that involve processing
of health-related information. Persons who process such information may
not disclose any of it to a third party either during or after an
employment relationship.
(3) A doctor’s certificate or
statement concerning the employee’s working capacity given to the
employer by the employee may, however, be supplied to the occupational
health service provider for the purpose of carrying out the occupational
health care duties laid down in the Occupational Health Care Act
(1383/2001), unless the employee has forbidden this.
(4) The
employer must store any information in his possession concerning the
employee's state of health separately from any other personal data that
he has collected.
Chapter 3.- Processing
information on drug use
Section 6.- Drug test
certificate
(1) The employer may only process information
on the drug use testing of the employee which is contained in the drug
test certificate supplied to the employer by the person concerned. The
processing of the information is otherwise subject to the provisions of
section 5(2-4).
(2) A drug test certificate means a
certificate issued by a health care professional and laboratory
designated by the employer stating that the employee has been tested for
the use of a drug referred to in section 2 of the Narcotics Act
(1289/1993) and containing a report based on the test stating whether
the employee has used drugs for non-medicinal purposes in a manner that
has impaired his/her working capacity or functional capacity.
(3) Drug tests and the certificates of such tests are subject to the
provisions of section 19 of the Occupational Health Care Act.
Section 7.- Submission of a drug test certificate during
recruitment
(1) The employer may receive or otherwise
process information entered in a drug test certificate, subject to the
consent of the applicant selected for the job, only if the applicant is
to do the type of work that requires precision, reliability, independent
judgement or quick reactions and if performing the work while under the
influence of drugs or while addicted to drugs could:
1)
endanger the life, health or occupational safety of the employee or
other persons;
2) endanger national defence or state security;
3) endanger traffic safety;
4) increase the risk of
significant environmental damage;
5) endanger the protection,
usability, integrity and quality of information received while working
and thus cause harm or damage to public interests protected by
confidentiality provisions or endanger the protection of privacy or the
rights of data subjects; or
6) endanger business and
professional secrecy or cause more than a minor level of financial loss
to the employer or a customer of the employer, provided that this could
not be prevented by other means.
(2) The employer also has the
right to process information with the job applicant’s consent, as
referred to in subsection 1, in the event that:
1) the
applicant is to carry out tasks in which special trust is required, in
which work will be performed elsewhere than in premises supervised by
the employer and in which the performance of duties while under the
influence of drugs or while addicted to drugs may cause significant
financial loss to a customer of the employer or endanger the customer’s
personal safety;
2) the applicant is to carry out tasks which,
on a permanent basis and to a material degree, include raising,
teaching, caring for or otherwise looking after a minor, or other work
involving personal interaction with a minor, and no other person is
involved; or
3) the applicant is to carry out the type of
tasks in which there is independent and uncontrolled access to drugs or
a more than minor quantity of medicines that could be used for the
purposes of intoxication.
(3) The provisions of subsections 1
and 2 also apply if the employee’s duties change during the employment
relationship in such a way that they meet the preconditions referred to
above concerning the employer’s right to process information entered in
a drug test certificate.
(4) Provisions on the submission of a
drug test certificate to the employer as a precondition for appointment
to a civil service post are laid down in section 8b of the State Civil
Servants Act (750/1994) and, in the case of recruitment to a public
sector service relationship, in section 7 of the Act on Civil Servants
in Local Government (304/2003). Provisions on comprehensive action
programmes on alcohol and drugs are laid down in section 11 of the
Occupational Health Care Act.
Section 8.-
Submission of a drug test certificate during the employment relationship
(1) The employer may require the employee to present a drug test
certificate during his/her employment relationship if the employer has
justifiable cause to suspect that the employee is under the influence of
drugs at work or that the employee has a drug addiction and if testing
is essential to establish the employee’s working or functional capacity
and the employee does the type of work that requires special precision,
reliability, independent judgement or quick reactions and in which the
performance of duties while under the influence of drugs or while
addicted to drugs:
1) seriously endangers the life, health or
occupational safety of the employee or other persons;
2)
seriously endangers national defence or state security;
3)
seriously endangers traffic safety;
4) could considerably
increase the risk of significant environmental damage;
5)
seriously endangers the protection, usability, integrity and quality of
information received while working and could thus cause harm or damage
to public interests protected by confidentiality provisions or endanger
the protection of privacy or the rights of data subjects;
6)
endangers business and professional secrecy of financial significance or
could cause a significant financial loss to the employer or a customer
of the employer, provided that this could not be prevented by other
means; or
7) could significantly increase the risk of illegal
trading in or spread of substances in the possession of the employer
that are referred to in section 2 of the Narcotics Act.
(2)
The employer may impose on the employee a reasonable deadline within
which the certificate must be presented. Provisions on comprehensive
action programmes on alcohol and drugs are laid down in section 11 of
the Occupational Health Care Act.
(3) The employer also has the
right to process information entered in a drug test certificate if, on
the basis of a positive drug test result, the employee has pledged to
undergo treatment for drug abuse and the processing of information in
the certificate is related to monitoring progress with the treatment.
Section 9-- The employer’s duty to provide information about
a drug test certificate
The employer shall notify the job
applicant in connection with the application procedure prior to the
signing of an employment contract, or the employee prior to a change in
the terms of his/her contract, that the nature of the job is such that
the employer intends to process the information entered in a drug test
certificate in accordance with section 7, or is such that the employer
intends to require the employee to present a drug test certificate in
accordance with section 8(2).
Section 10.- Cost of
acquiring a certificate
The employer shall meet the cost
of acquiring certificates referred to in this Chapter which are
submitted to him.
Section 11.- Relation to the
provisions on health examinations
The provisions of
sections 7 and 8 will not prevent the taking of a drug test as part of
the job applicant’s or employee’s health examination performed by the
occupational health care unit under the Occupational Health Care Act,
the State Civil Servants Act or the Act on Civil Servants in Local
Government. Provisions on information to be entered in the certificate
issued following a health examination under the Occupational Health Care
Act shall be laid down separately.
Section 12.-
Application of the provisions to professional athletes
The
provisions of this Chapter do not apply to athletes in an employment
relationship referred to in Chapter 1, section 1, of the Employment
Contracts Act (55/2001).
Chapter 4.- Requirements
concerning the undertaking of tests and examinations
Section 13.- Personality and aptitude assessments
(1) With
the employee’s consent, he/she can be tested by means of personality and
aptitude assessments to establish his/her capacity to perform the work
in question or his/her need for training and other occupational
development. The employer shall ensure that the assessment methods used
are reliable, the persons conducting the assessment are experts, and the
findings of the assessment are free from error. When checking that the
findings are error-free, the assessment method used and the nature of
the assessment method must be taken into account.
(2) Upon
request, the employer or an assessor designated by the employer shall
provide the employee concerned with a written statement on the
assessment of the employee’s personality or aptitude free of charge. If
the employer has received the statement orally, the employee must be
informed of its content.
Section 14.- Use of health
care services
(1) When carrying out employee health
examinations and tests and taking samples, health care professionals,
properly trained laboratory personnel and health care services must be
used as laid down in the health care legislation.
(2) The
provisions of subsection 1 also apply to alcohol and drug tests.
Section 15.- Genetic testing
The employer is
not permitted to require the employee to take part in genetic testing
during recruitment or during the employment relationship, and has no
right to know whether or not the employee has ever taken part in such
testing.
Chapter 5.- Camera surveillance in the
workplace
Section 16.- Preconditions for camera
surveillance
(1) The employer may operate a system of
continuous surveillance within his premises based on the use of
technical equipment which transmits or records images (camera
surveillance) for the purpose of ensuring the personal security of
employees and other persons on the premises, protecting property or
supervising the proper operation of production processes, and for
preventing or investigating situations that endanger safety, property or
the production process. Camera surveillance may not, however, be used
for the surveillance of a particular employee or particular employees in
the workplace. Neither may camera surveillance be used in lavatories,
changing rooms or other similar places, in other staff facilities or in
work rooms designated for the personal use of employees.
(2)
Notwithstanding subsection 1, the employer may, however, direct the
camera surveillance at a particular work location in which employees are
at work if the surveillance is essential for:
1) preventing an
apparent threat of violence related to the work of the employee or an
apparent harm or danger to the employee’s safety or health;
2)
preventing or investigating property crimes if an essential part of the
employee’s work is to handle property of high value or quality, such as
money, securities or valuables; or
3) safeguarding the
employee’s interests and rights, where the camera surveillance is based
on the request of the employee who is to be the subject of the
surveillance and the matter has been agreed between the employer and the
employee.
Section 17.- Transparency when
implementing camera surveillance
(1) When planning and
implementing camera surveillance, the employer shall ensure that:
1) the potential for using other means that interfere less with the
privacy of employees is investigated before the introduction of camera
surveillance;
2) the privacy of employees is not interfered
with more than is necessary for achieving the aim of the measures;
3) the use and other processing of recordings of people obtained through
surveillance is planned and performed with due consideration to the
provisions of sections 5-7, 10 and 32-34 of the Personal Data Act,
irrespective of whether the recordings constitute a personal data file
under that Act;
4) recordings are used only for the purpose
for which the surveillance was carried out;
5) after the
cooperative and consultative procedures referred to in section 21,
employees are informed of when the camera surveillance will begin, how
it will be implemented, how and in what situations any recordings would
be used and, in situations referred to in section 16(2), the locations
of the cameras; and
6) prominent notification of the camera
surveillance and its method of implementation is displayed in the areas
in which the cameras are located.
(2) Notwithstanding
subsection 1(4) and section 21, the employer has the right to use
recordings for:
1) substantiating the grounds for termination
of an employment relationship;
2) investigating and
substantiating harassment or molestation as referred to in the Act on
Equality Between Women and Men (609/1986) or harassment and
inappropriate behaviour as referred to in the Occupational Safety and
Health Act (738/2002), provided that the employer has a justifiable
reason to suspect that the employee is guilty of harassment, molestation
or inappropriate behaviour; or
3) investigating an
occupational accident or some other situation causing a danger or threat
referred to in the Occupational Safety and Health Act.
(3)
Recordings shall be destroyed as soon as they are no longer necessary
for achieving the purpose of the camera surveillance, and no later than
one year after the end of the recording. A recording may, however, be
stored after this deadline if it is needed for completing the processing
of a matter referred to in subsection 2 that emerged for investigation
before the end of the maximum storage period or if the employer needs
the recording to substantiate the appropriateness of terminating an
employment relationship, or if there is some other special reason for
keeping the recording.
Chapter 6.- Retrieving and
opening electronic mail messages belonging to the employer
Section 18.- The employer’s obligations regarding necessary arrangements
(1) The employer has the right to retrieve and open electronic mail
messages sent to an electronic mail address allocated by him for the use
of the employee or electronic mail messages sent by the employee from
such an address only if the employer has planned and arranged for the
employee the necessary measures to protect electronic mail messages sent
in the employee’s name or by the employee and, to this end, has
specifically ensured that:
1) the employee can, with the aid
of the electronic mail system’s automatic reply function, send
notification to a message sender about his/her absence and the length of
absence, and information about the person who is to take care of the
tasks of the absent employee; or
2) the employee can direct
messages to another person approved by the employer for this task or to
another employer-approved address of the employee; or
3) the
employee can give his/her consent to an arrangement whereby in his/her
absence another person of his/her choosing and approved by the employer
for the task can receive messages sent to the employee, with the aim of
establishing whether the employee has been sent a message that is
clearly intended for the employer for the purpose of managing the work
and on which it is essential for the employer to have information on
account of his operations or the appropriate organization of the work.
(2) The provisions of sections 19 and 20 constitute further
preconditions for the retrieval or opening of the electronic mail
messages referred to in subsection 1 above.
Section
19.- Retrieval of electronic messages belonging to the employer
(1) The employer has the right, assisted by the person vested with the
authority of information system administrator, to find out on the basis
of information concerning the message sender, recipient or title,
whether the employee has, in his/her absence, been sent, or has sent or
received immediately before the absence, messages belonging to the
employer about which it is otherwise essential that the employer has
information in order to complete negotiations concerning his operations
or to serve customers or safeguard his operations, if:
1) the
employee manages tasks independently on behalf of the employer and the
employer does not operate a system with which the matters attended to by
the employee and the processing stages involved are recorded or are
otherwise ascertained;
2) it is evident, on account of the
employee’s tasks and matters pending, that messages belonging to the
employer have been sent or received;
3) the employee is
temporarily prevented from performing his/her duties, and messages
belonging to the employer cannot be obtained for his use despite the
fact that the employer has seen to his obligations referred to in
section 18; and
4) the employee’s consent cannot be obtained
within a reasonable time and the investigation of the matter cannot be
delayed.
(2) If the employee has died or if he/she is prevented
in a permanent way from performing his/her duties and his/her consent
cannot be obtained, the employer has the right, under the conditions
laid down in subsection 1(1-2) and on the basis of information on the
message sender, recipient or title, to find out if there are messages
belonging to him, unless finding out about the matters attended to by
the employee and safeguarding of the employer’s operations is possible
by other means.
(3) If message retrieval does not lead to
opening of the message, a report must be drawn up accordingly, signed by
the persons involved and stating why the message was retrieved, the time
it was retrieved and who performed the retrieval. The report shall be
submitted to the employee without undue delay, unless otherwise provided
by subsection 2. The information on the message sender, recipient or
title may not be processed more extensively than necessary for the
purpose of retrieving the message, and the persons processing the
information may not disclose it to a third party during the employment
relationship or after its termination.
Section 20.-
Opening of electronic messages belonging to the employer
(1) If, on the basis of the information on the sender or recipient of an
electronic message or the message title, it is apparent that a message
sent to the employee or by the employee is clearly one that belongs to
the employer and about whose content it is essential that the employer
obtains information in order to complete negotiations concerning his
operations or to serve customers or safeguard his operations, and the
message sender and recipient cannot be contacted for the purpose of
establishing the content of the message or for the purpose of sending it
to an address indicated by the employer, the employer may, in cases
referred to in section 19, open the message with the assistance of the
person vested with the authority of information system administrator and
in the presence of another person.
(2) A report about the
opening shall be drawn up, signed by the persons involved, stating which
message was opened, why it was opened, the time of opening, the persons
performing the opening and to whom the information on the content of the
opened message was given. The report shall be submitted to the employee
without undue delay, unless otherwise provided by section 19(2). The
opened message shall be stored, and its content and the information on
the sender may not be processed more extensively than is necessary for
the purpose of opening the message, nor may the persons processing the
information disclose the content of the message to a third party during
the employment relationship or after its termination.
(3) The
person employed by the employer or a person acting on the instruction of
the former, to whom the employee has directed his/her electronic mail in
the manner referred to in section 18(1)(2) or who can, in the manner
referred to in section 18(1)(3), and with the employee’s consent,
receive messages sent in the employee’s name, has the right to open a
message, complying with the provisions of subsection 2, unless the
employee has given his/her consent to another procedure.
Chapter 7.- Miscellaneous provisions
Section 21.-
Cooperation in organizing technical monitoring and data network use
(1) The purpose and introduction of and methods used in camera
surveillance, access control and other technical monitoring of
employees, and the use of electronic mail and other data networks, are
governed by the cooperative procedure referred to in the Act on
Cooperation within Undertakings and the Act on Cooperation in Government
Departments and Agencies. In undertakings and in organizations subject
to public law that are not governed by the legislation on cooperation,
the employer must, before making decisions on these matters, reserve the
employees or their representatives an opportunity to be consulted.
(2) After the cooperative or consultative procedures, the employer shall
determine the purpose of the technical monitoring of employees and the
methods used, and inform employees about the purpose and introduction of
and methods used in the monitoring system, and about the use of
electronic mail and the data network.
Section 22.-
Supervision
Compliance with this Act shall be supervised
by the occupational health and safety authorities together with the Data
Protection Ombudsman.
Section 23.- Display
The employer shall display this Act for employees to view at the
workplace.
Section 24.- Penal provisions
(1)
An employer or his representative who deliberately or out of gross
negligence
1) violates the provisions of sections 4(2) or 9 on
the duty to provide information;
2) receives or otherwise
processes information entered in an job applicant’s drug test
certificate, contrary to the provisions of section 7;
3)
requires the employee to present a drug test certificate or otherwise
processes information entered in such a certificate, contrary to the
provisions of section 8;
4) subjects the employee to
personality or aptitude assessments without his/her consent or fails to
confirm the reliability of the assessment methods, the expertise of the
assessors or the freedom from error of the data from the assessments,
contrary to the provisions of section 13(1);
5) violates the
provisions of section 13(2) on provision of a written statement or
provision of information on the content of an oral statement;
6) uses other than health care professionals, properly trained
laboratory personnel or health care services, contrary to the provisions
of section 14;
7) requires the employee to take part in genetic
testing or acquires information about such testing taken by the
employee, contrary to the provisions of section 15;
8)
introduces camera surveillance, contrary to the provisions of section
16;
9) violates the provisions of section 17 on the
transparency of camera surveillance;
10) retrieves, contrary
to the provisions of section 19, or opens, contrary to the provisions of
section 20, a message sent to or by the employee;
11) violates
the provisions of section 21(2) on the duty to determine and inform; or
12) violates the provisions of section 23 on the displaying of this Act,
shall be sentenced to a fine for violating the Act on the Protection of
Privacy in Working Life, unless a more severe penalty is provided
elsewhere in the law.
(2) The penalties for a personal data
file offence, computer break-in, illicit viewing, eavesdropping, message
interception, violation of a confidentiality obligation, and an offence
in public office are laid down in the Penal Code (39/1889).
Chapter 8.- Entry into force
Section 25.- Transitional
provisions and entry into force
(1) This Act enters into
force on 1 October 2004.
(2) If the employer’s obligations
laid down in sections 4(3) and 21 of this Act are met in the manner laid
down in sections 4(3) and 9 of the Act on the Protection of Privacy in
Working Life in force at the time of the entry into force of this Act,
the obligations will be considered to have been met in accordance with
this Act. The employer’s obligations laid down in section 17 of this Act
shall be met no later than six months after the Act’s entry into force.
Section 26.- Repealed provisions
(1) This Act
repeals the Act of 8 June 2001 on the Protection of Privacy in Working
Life (477/2001).
(2) If another act or decree contains a
reference to the Act on the Protection of Privacy in Working Life that
was in force at the time of the entry into force of this Act, the
present Act shall instead apply.
Act Amending the
Occupational Health Care Act 760/2004
Section 3.-
Definitions
For the purposes of this Act:
6a)
drug test means a test performed to ascertain the use of a drug referred
to in section 2 of the Narcotics Act (1289/1993) and a report based on
the test stating whether the job applicant or employee has used drugs
for non-medicinal purposes;
Section 9.- Compensation for the
costs of occupational health care
(2) The provisions of
subsection 1 do not apply to the costs incurred in performing drug
tests.
Section 11.- Occupational health care action
plan and comprehensive action programme on alcohol and drugs
(4)
If a job applicant or employee is to undergo a drug test referred to in
section 3(1)(6a), the employer must have a written comprehensive action
programme on alcohol and drugs, which must include the general goals of
the workplace and the practices to be complied with in order to prevent
the use of alcohol and drugs and to direct alcohol and drug abusers for
treatment. The action programme may form part of the occupational health
care action plan. Before the action programme can be approved, the jobs
concerned must be discussed within the cooperation procedure as provided
in the Act on Cooperation within Undertakings (725/1978) and the Act on
Cooperation in Government Departments and Agencies (651/1988). In
undertakings and in organizations subject to public law that are not
governed by the legislation on cooperation, the employer must, before
making decisions on these matters, reserve the employees or their
representatives an opportunity to be consulted about the criteria for
drug tests in each of the jobs concerned.
Section 13.-
Duty of employee to attend a medical examination
(3) A general
assessment of the employee’s state of health in relation to his duties
or the duties planned for him must be entered in the certificate that is
provided on the basis of the medical examination referred to in
subsection 1(2) above.
Section 19.- Drug tests and drug
test certificates
(1) A positive test result obtained
from a drug test on a job applicant or employee shall be confirmed at a
quality-controlled laboratory. Notwithstanding provisions laid down
elsewhere in the law, the person tested is always entitled to a written
copy of the test result.
(2) Provisions on the content
of drug-test certificates are laid down in the Act on the Protection of
Privacy in Working Life (759/2004). The certificate must be given to the
person who was tested, who will then convey it to the employer.
(3) Further provisions on quality control of drug tests and on taking,
analysing and interpreting samples necessary for the tests in a manner
that accords with good occupational health care practice and with
laboratory quality standards may be given by Government decree.
...
This Act enters into force on 1 October 2004. The employer obligations
laid down in section 11(4) of the Act must be met within six months of
the Act’s entry into force.
Act Amending Section 6 of the
Act on Cooperation within Undertakings 761/2004
Section
6.- Matters covered by the cooperation procedure
The matters covered
by the cooperation procedure are as follows:
...
8a) the
purpose, implementation and methods used in employee monitoring
performed using camera surveillance, access control and other technical
methods, and the use of electronic mail and data networks;
8b) prior to the approval of a comprehensive action programme on alcohol
and drugs referred to in section 11(4) of the Occupational Health Care
Act (1383/2001), the tasks referred to in sections 7 and 8(1) of the Act
on the Protection of Privacy in Working Life (759/2004), about which the
job applicant or employee is obliged to provide, or may consent to
provide, a drug test certificate to the employer;
...
This Act
enters into force on 1 October 2004.
Act Amending
Section 7 of the Act on Cooperation in Government Departments and
Agencies
(762/2004)
Section 7.- Matters covered by
the cooperation procedure
The matters covered by the cooperation
procedure are as follows:
...
11a) the purpose, implementation and
methods used in employee monitoring performed using camera surveillance,
access control and other technical methods, and the use of electronic
mail and data networks;
11b) prior to the approval of a
comprehensive action programme on alcohol and drugs referred to in
section 11(4) of the Occupational Health Care Act (1383/2001), the tasks
referred to in sections 7 and 8(1) of the Act on the Protection of
Privacy in Working Life (759/2004), about which the job applicant or the
applicant for a civil service post or the employee or the civil servant
is obliged to provide, or may consent to provide, a drug test
certificate to the employer;
...
This Act enters into force on 1
October 2004.
Act Amending Sections 8b and 19 of the
State Civil Servants Act 763/2004
Section 8b.- A
precondition for appointment to a civil service post is that the person
who has applied for the post or senior position must, at the request of
the authority, provide information about his state of health in relation
to performance of the duties in question and also, where necessary,
undergo examinations and tests in order to clarify the matter. The
person who has applied for the post or senior position can be required
to supply a drug test certificate in situations referred to in section 7
of the Act on the Protection of Privacy in Working Life (759/2004) as a
precondition for appointment to a civil service post. The provisions of
section 19(2) apply to the payment of costs incurred in the examinations
and tests.
...
Section 19.- At the request of the authority
concerned, a civil servant is required to provide the authority with any
information about his state of health in relation to performance of the
duties in question. A civil servant may also be ordered to undergo
examinations and tests to establish his state of health if this is
necessary to ascertain whether he is fit to perform his duties. The
provisions of section 8 of the Act on the Protection of Privacy in
Working Life apply to the right to require a civil servant to supply a
drug test certificate.
...
This Act enters into force on 1 October
2004.
Act Amending Sections 7 and 19 of the Act on Civil
Servants in Local Government 764/2004
Section 7.-
Establishing state of health
A precondition for employment as a
municipal officeholder is that, at the request of the authority, the
person to be employed provides information concerning his state of
health in relation to performance of the duties in question to the
authority making the employment decision, and, where necessary, also
undergoes examinations and tests in order to clarify the matter. A
person to be employed as a municipal officeholder can be required to
present a drug test certificate in situations referred to in section 7
of the Act on the Protection of Privacy in Working Life (759/2004) as a
precondition for appointment as a municipal officeholder. The necessary
costs incurred in the examinations and tests ordered by the employer
will be met by the employer.
...
Section 19.- Provision of health
information
In addition to the provisions of the Occupational Health
Care Act (1383/2001), a municipal officeholder is required, at the
request of the employer, to provide the latter with the necessary
information concerning his state of health in relation to performance of
the duties in question in order to establish his working and functional
capacity. A municipal officeholder is also required, on the order of the
employer, to undergo examinations and tests to establish his state of
health if this is necessary to ascertain whether he is fit to perform
his duties. Before issuance of the order, the municipal officeholder
shall be reserved an opportunity to be consulted. Provisions of the Act
on the Protection of Privacy in Working Life apply to the right to
require a civil servant to present a drug test certificate. Provisions
on a patient’s right of self-determination are laid down in section 6 of
the Act on the Status and Rights of Patients (785/1992).
...
This
Act enters into force on 1 October 2004.