| Applicant name | PINCHUK |
| Applicant type | natural person |
| Number of applicants | 1 |
| Country | Ukraine |
| Application no. | 72777/13 |
| Date | 12/09/2024 |
| Judges | Lado Chanturia, President, Stéphanie Mourou-Vikström, Mykola Gnatovskyy |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation |
| Reason | No legal basis |
| Type of privacy | Informational privacy |
| Keywords | medical information |
| Facts of the case | The applicant complained that his employer had collected his medical information in breach of domestic law and Article 8 of the Convention. |
| Analysis | It has not been disputed by the Government that the applicant had duly notified his employer of his absence on health grounds and had promptly and duly provided official sick-leave certificates. In this context the Court cannot accept the Government’s argument that general legal provisions on the recruitment of police officers and the functioning of medical fitness commissions provided the legal basis for the applicant’s superior to make direct and specific enquiries to the hospitals seeking detailed information on his treatment and diagnosis. Furthermore, the Court takes note of the applicant’s reliance on section 39-1 of the FHPL, which expressly prohibited employers from making such enquiries (see paragraph 5 above). It is not evident either from the Government’s observations or the decisions taken by the domestic courts that an entitlement to make them followed from any other domestic legal provisions overriding the express prohibition in the FHPL relied upon by the applicant. |
| Other Article violation? | – |
| Damage awarded | that the respondent State is to pay the applicant, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 4,500 (four thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 387 (three hundred and eighty-seven euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; |
| Documents | Judgment |