Alice-Mary Higgins (Independent) | Oireachtas source

It is reasonable to have concern in respect of this. Requiring a medical certificate in respect of a third party creates its own difficulty but I am particularly concerned that some of the language, especially that on page 10, is a little excessive in the way it is framed. It refers to such information as the employer may reasonably require in relation to the employee's relationship, the nature of the personal care or support and the evidence relating to the need of the person. It is quite expansively framed. I appreciate there needs to be a mechanism whereby the relationship and the reason for having to take this medical leave is stated but medical information is one of the special categories of information under section 10 of the GDPR. It is important that necessity and proportionality measures be included in the context of information being sought and provided, rather than it just being a case of that information being reasonably required by the employer. By framing this just in terms of what an employer may want, it poses the risk that persons will be asked to give detailed personal or medical information in respect of a third party. A minimalist approach should be taken in this regard. I appreciate there needs to be something but it should be at an absolute minimum. I reserve the right to bring amendments on Report Stage to provide that proportionality and necessity requirements apply to that information.