Opinion survey of employers and labor unions on handling workers' personal health information

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In cooperation with Japanese Trade Union Confederation, we mailed 934 labor unions questionnaire in January 2003, to ask their opinions regarding problems and desirable policy on privacy protection while employers are responsible for health information of employees. We received valid answers from 353 unions. Majority approved the record keeping (68.8%) and the perusal (61.8%) of health examination result by employer, in accordance with the existing laws. Some examination items were disallowed to be disclosed to the employer such as family history 11.0%, receipt of medical expenses 16.1%, smoking status 22.0%, body weight 28.9%. Changing the current legislation by requiring the employees or the occupational health professionals to keep personal health record was regarded problematic by 71.7% and 45.3%, respectively ; mainly for fear that the responsibility of employers to protect health of their employee would be weakened. Additionally, 25.2% pointed out the problems in small enterprises without assigned occupational health professionals, and 21.2% unions raised the issue on variety of professional competence. Meanwhile, the use of health information by employer to restrict or change employees' work assignment without their consent was regarded also problematic by 21.2%. At least 11 unions admitted they experienced cases of unwilling transfer, dismissal, or information leakage. This survey described the conflicting legal liability of Japanese employers to protect both health and privacy of the employees. Occupational health professionals should balance interests of employer and employee and propose an effective strategy for the handling health information at workplace.