The union accuses the hospital management of having drawn up lists of agents with relevant information normally of medical confidentiality. Management contests and claims to have simply followed the regulations.
Did the management of the University Hospital Center (CHU) in Toulouse go too far to know which of its agents was or was not vaccinated? This is what the CGT union thinks, which discovered the existence of listings retaining relevant information, according to it, of medical confidentiality.
“These documents list the agents who had the Covid, on what date, those with pathologies incompatible with vaccination or the date of the injections,” explains Pauline Salengue, a staff representative. Or the law concerning the vaccination obligation is very clear, it is strictly forbidden to set up this type of file and the employer must only have access to the information concerning the fact that the agents are or not in good standing with the law “. The CGT lodged a complaint with the National Commission for Informatics and Freedoms (Cnil) and requested explanations which were provided to it by mail. Marc Penaud, the director general of the CHU argues, in a letter, of his rights.
“The law not only allows it, but requires it”
“Contrary to your observations, the CHU does not collect or keep any medical information,” he wrote to the CGT. It is wrong to say that management would have access to the medical files or professional messaging services of agents, trade unions or their representatives. In accordance with the regulations, the agents were asked to provide the only supporting documents related to the vaccination obligation, certificate of vaccination, recovery or contraindication, in particular. What the law not only authorizes, but requires ”…
Still, the CGT wonders how agents who have not transmitted any vaccine document are qualified by the administration, if there has been no collection of information in personal medical files or in letters. “This is indeed medical data, the information can make it clear that an agent had the Covid and when, fed the union. The information of a negative test is indeed medical data. The only information that the CHU is entitled to receive is the ability or not to exercise ”. The CNIL will decide.