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ECJ rules on health privacy in employment

01 July 1995

X applied for a temporary typing job with the Commission. He was asked to undergo a medical exam and agreed, but refused AIDS screening. Tests were performed which suggested immune deficiency and X was told that he was unsuitable for the job. The European Court of Justice held, reversing the Court of First Instance decision, that Article 8 of the European Convention on Human Rights (ECHR), which formed part of the fundamental law of the Communities, guaranteed the right to respect for private life, which included the right to keep one's state of health secret, and interference with this right must be in the general public interest and not disproportionate. Although pre-recruitment medical examination serves a legitimate interest, it does not justify medical tests against the will of the person concerned. But if, after being properly informed, the person withholds consent to a test which the medical officer deems necessary to evaluate suitability for the particular job, the institution cannot be obliged to run the risk of recruitment. X v Commission of the European Communities: Case C-404/92P, ECR 1994, I-4737.