August

The Italian Data Protection Authority (Garante) has released its first set of guidelines on the General Data Protection Regulation.

Specifically, the Garante believes that written consent still represents a safer and more secure option for obtaining legal certainty of data processing.

In addition, the Garante issued specific recommendations (separate from GDPR guidelines) regarding rights of data subjects, balancing interests between data subjects' rights and the rights of third parties, how companies should appoint one data controller (versus several), and more.

Dutch privacy watchdog Autoriteit Persoonsgegevens (AP) wants to assist organizations in their preparations for the implementation of the General Data Protection Act (AVG), which go into effect in May 2018.
 
The Act will give people more control over their personal data and ensure that the same data protection rules apply in every European country. In addition, AP is calling for more attention to privacy and data protection in healthcare, as it notes that health information is the most sensitive personal data available.
 
The data is not legally protected by law but new developments could strengthen the protection of health data, such as more research into fraud in the sector and the emergence of online patient portals.

The Swiss Supreme Court ruled that a medical officer, i.e. a doctor called upon by the employer to render a second opinion on the working capability of an employee in case of an accident or sickness, remains bound by his or her professional confidentiality rules.

In other words, without a prior authorization by the employee, the medical officer may only express an opinion on the existence, duration and degree of work incapacity including the cause for the work absence (i.e., as to whether caused by an accident or due sickness.

The decision stems from a case where an employer divulged an employee's working capability, but also his personal, professional and financial situation.