Personal data (957,-666)

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Keywords: Personal data
Total judgments found: 2

• Judgment 4945

  
  139th Session, 2025
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the FAO’s decision to confirm the allegations of sexual harassment against him, to impose on him a ban from all future employment with the FAO/World Food Programme, to include his name in the United Nations Clear Check screening database for perpetrators of sexual harassment, not to renew his short-term contract following a mandatory break in service, and to place a note in his personnel file confirming this.

  Consideration 10

  Extract:

  If it was open to the FAO/WPF to find the complainant guilty of the misconduct alleged, as it was, then what it decided to do in consequence involved the exercise of a discretionary power. It is not evident at all that the discretionary power miscarried when the FAO/WFP decided to ban the complainant from future employment and to place a note in his personnel file to this effect. Similarly, the discretionary power did not miscarry in relation to causing personal information identifying the complainant to be placed on the United Nations Clear Check screening database, which appears to have been created “to prevent the rehire of perpetrators of sexual harassment”. Many international organisations have a policy of zero tolerance for sexual harassment and it is a legitimate mechanism, even if harsh, to meet that objective by creating a database designed to reveal individuals who have clearly been found to have engaged in such conduct.

  Keywords:

  decision-maker; disciplinary measure; discretion; personal data; personal file; sexual harassment;
  

  
  
  

• Judgment 4556

  
  134th Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant asks to be provided with a copy of his old medical file.

  Consideration 10

  Extract:

  [I]n its opinion the IAC noted that, while there were no explicit legal provisions that could justify the complainant’s request for the Organisation to provide or procure such a file in the circumstances of the case, the Tribunal’s case law recognises that a staff member has the right to consult and be sent medical reports concerning her or him. The IAC rightly concluded that the Office had failed to ensure that files were properly retained, even after the external doctors with whom it had previously worked had ceased their activity. This obligation stems from the general duty of care and the Office’s duty adequately to safeguard the personal data of its staff.

  Keywords:

  duty of care; medical records; personal data;