Premature elimination of clinical-labor documentation

In 2017, the complainant, a worker in a public hospital, applied to the said Hospital for access to clinical-labor documentation regarding work-related accidents that he had suffered, and once the Hospital handed over the documentation to her, the complainant requested information regarding a work-related accident she had suffered in 2007, and the Hospital stated that it did not have any information, and that the only thing that it was stated that an emergency report issued in 2007 had been deleted due to the expiry of the 5-year period provided for in the health regulations (art. 12.6 Law 21/2000). The Authority found that the Hospital had removed the clinical-labor documentation required by the complainant, before the legally prescribed period expired. With regard to the determination of this period, Article 12.12 Law 21/2000 refers to the specific regulations for the prevention of occupational risks and the protection of workers 'health in the clinical histories relating to the surveillance of workers' health. . In accordance with these regulations, the Hospital should have retained the said clinical-labor documentation for the duration of the employment relationship between the Hospital and the claimant, as such retention was necessary for the Hospital to comply with both with its obligations as an employer in matters of occupational risk prevention, as well as with its obligations arising from the direct management of the professional contingencies of its workers. However, an archival decision is issued, as the infringement committed, relating to the violation of the principle of quality (serious infringement provided for in art. 44.3.d LOPD in relation to article 4.5 LOPD) would have prescribed ( at 2 years from the removal of the documentation).